BACK TO SECTIONS2022 SCC OnLine SC 1800
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 362–369 to BNS 127–136.
2
Kidnapping for ransom (BNS 129) carries life imprisonment — unchanged.
3
All purpose-based variants preserved.
THE STATUTE
The Clause
Section 127: Abduction. Section 128: Kidnapping or abducting in order to murder. Section 129: Kidnapping for ransom. Section 130: Kidnapping or abducting with intent to secretly and wrongfully confine a person. Section 135: Kidnapping or abducting child under ten years with intent to steal from its person.
Legal Commentary
Sections 127–136 create a detailed taxonomy of kidnapping and abduction based on the purpose for which the victim is taken. The purpose determines the seriousness of the offence and calibrates the punishment. Section 127 defines abduction — the use of force, compulsion, or deceitful means to induce any person to go from any place. Unlike kidnapping from lawful guardianship (Section 88), abduction applies to all persons regardless of age. The distinction matters: a 25-year-old can be abducted but not 'kidnapped' from guardianship. Section 128 criminalises kidnapping or abduction in order to murder — where there is a pre-existing intent to kill, the kidnapping itself becomes an aggravated offence punishable by life imprisonment. This provision covers the classic criminal scenario of luring someone to a location where the murder will be carried out. Section 129 addresses kidnapping for ransom — one of the most serious organised crime offences, carried out by sophisticated criminal networks particularly in Punjab, Haryana, and UP in the 1990s–2000s. The punishment is life imprisonment and reflects both the terrifying experience of victims and the organised criminal enterprise involved. Section 130 covers wrongful secret confinement — kidnapping and then hiding the victim, denying information to family members. Section 135 creates a specific child protection provision against kidnapping to steal from the child — often seen in cases where children are targeted for their jewellery.
Landmark Precedents
State of UP v. Subhash (2022)
RELEVANCE
Supreme Court upheld life sentences for kidnapping for ransom, emphasising that the organised criminal nature of the offence and its terrorising effect on society justifies the maximum punishment.
Case Simulations
"A criminal gang that lures a businessman to a farmhouse through a fake business meeting and holds him for ransom — kidnapping for ransom under BNS 129, life imprisonment."
"A person who uses a false pretext to take a rival to a forest to kill him — kidnapping/abduction in order to murder under BNS 128."
"A person who steals gold chains from a child after kidnapping them — BNS 135."
Expert Insights
Kidnapping (Sections 87–88) is defined by the victim's status (minor, or being taken from India) without their or their guardian's consent. Abduction (Section 127) is defined by the means used (force, compulsion, deceit) and applies to persons of any age. An adult can be abducted but not kidnapped from guardianship.
Yes, if deceitful means are used — false promises, false information — to induce the person to go from a place. The physical movement need not be forced; inducement by deception is sufficient.