IPC Section 364: Kidnapping or abducting in order to murder

Indian Penal Code, 1860 · Chapter 16: Offences affecting the Human Body

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 1[imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations

(a) A kidnaps Z from 2[India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section..

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for life, or rigorous imprisonment for 10 years and fine-Cognizable-Non-bailable-Triable by Court of Session-Non-compoundable.

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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above

Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.

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