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SECTION 363 IPC - Indian Penal Code - Punishment for kidnapping
Last Updated: 01 Apr, 2023
By Advocate Chikirsha Mohanty
Table of Contents
Description of IPC Section 363
According to section 363 of Indian penal code, Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Kidnapping | 7 Years + Fine | Cognizable | Bailable | Magistrate First Class |
Offence : Kidnapping
Punishment : 7 Years + Fine
Cognizance : Cognizable
Bail : Bailable
Triable : Magistrate First Class
FAQ's on IPC Section 363
What offence is defined under IPC 363?
IPC 363 Offence: Kidnapping.
What is the punishment for IPC 363 Case?
The punishment for IPC 363 is 7 Years + Fine.
Is IPC 363 cognizable offence or non-cognizable offence?
IPC 363 is a Cognizable.
How to file/defend your case for IPC 363 offence?
Use LawRato for filing/defending your case under IPC 363 with the help of best criminal lawyers near you.
Is IPC 363 bailable or non-bailable offence?
IPC 363 is a Bailable offence.
In what court can IPC 363 be tried?
IPC 363 is tried in the court of Magistrate First Class.
Comments by Users
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Legal Questions Answered by Top Lawyers on IPC 363
One married girl have some misunderstanding with her husband and she left the house with 7 years child... Im as a friend i helped her travelling... Their family found the cctv footage of our hotel and gave a complaint in abduction kidnaping case... Is it valid?
Answer
It is valid until you and your friend both go before police as well as court and your lady friend states in writing that you have helped her in escaping for a reason and you have not kidnapped her, the case will be finished at one go, make it documented ask your friend to cite the reason for eloping with you, you will get saved
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Old Post Office Street,
KolkataSir/ madam We need help and justice . The minor girl name B.Bindu age : 14yrs caste : ST -Lambada. The accused person bhanu prakash age : 21 yrs traped the girl and now both of them were upscanding we gave complaint at near by police station. From two months we don't have any information about girl.
Answer
as the girl is minor it is crime to trap or take the girl and it attracts posco act and kidnapping etc, as far as the complaint is pending there is no any result in getting information about the minor girl you can file a Habeas Carpus.
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Is it baliable or non bailable
Answer
hi
363 IPC is bailable if the kidnapped person is an adult and the same offence is non bailable if the kidnapped person is a minor. also in case of adult, there should not be any accompanying charges. so please check the FIR.
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What plea can be taken in the case where these sections are alleged
Answer
well, sir jee I'm not fortune teller. SORRY !
Without perusal of prosecution report such as FIR, CS, CD etc no body can advice about the plea of defense. For this, analysis of fact,merit, motive, intention, ingredients of allegations, law concerned are the important factors.
please, write in detail or may consult.
THANX
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A Girl left home dont know what is the reson .His family lodged an FIR under section 363,366A,120B,34IPC. When the girl found by his family the give 164 statement againgst me . This case happend in Bihar But i am not avalible there . This case lodged last year in May .Please advice me what can I do
Answer
Please take an anticipatory bail from the concerned court of bihar. After freaming charge defend the trial of the following case and also file a petition to quesh the FIR. File a petition u/s 482 crpc before the High Court of Patna.
Thank you.
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non bailing offences ipc 363 & 364 will get bail within how many days
Answer
Both offence are non Bailable, so bail can't claimed as a matter of right. Court will naturally consider the nature of offence and other circumstances while granting bail. Most courts won't grant bail for this offense in first instance. 2nd petition may allow if the investigation is over, police not require the custody of accused for introgation etc. Any only after 20 days
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I have been charged under sections IPC 354, 363 and 506. I have been jailed for 25 days and was out on bail issued by high court. Now my doubt is whether i can compromise with the opposition as they are ready to withdraw the case. So i request you to tell how to proceed from now on to get out of the case? Is IPC 354 and 363 compoundable sections? If i wish to compromise.
Answer
Since it is non-compoundable offence you can not make compromise in lower court. However the high court may in its discretion can compound the offence as in many cases the supreme has hold that in individual disputes the non-compoundable offence can be compounded by high court or supreme court. If High Court refuses to compound the case then you can get the case resulted in acquittal of the accused person by way of favorable evidence of de facto complainant in trial. ....Read More
Sir, in my case running Agra Court under Section 363 366 and 7/8 Pokso investigation officer now in its charge sheet, the court took the charge sheet can hold Stey he be okay? And the charge sheet to the High Court after Stey Stey that also may be dismissed by the opposition do?
Answer
i'm very sorry but i cannot understand your query properly. from whatever little i understood, i can tell you, if the chargesheet has been filed under the sections mentioned by you, then you can always challenge it in the High Court and get an order. If you already had a stay order and sections have been added then you can move a modification application to get that order modified.
i would urge you to redraft your question, then i will properly assist you.
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