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IPC Section 364 - Kidnapping or abducting in order to murder


Last Updated: 01 Nov, 2026
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 364 has been replaced with BNS Section 140 with effect from July 1, 2024.
(No Change except that IPC section is included as a sub-section in BNS.)

Please refer to BNS 140 for updated procedures & punishments.

Table of Contents
  1. IPC 364 in Simple Words
  2. IPC Section 364 related FAQs

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 imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.



IPC 364 in Simple Words

In the Indian Penal Code, anyone who kidnaps or abducts a person with the intention of either murdering them or putting them in danger of being murdered can be punished with life imprisonment or rigorous imprisonment for up to ten years, along with a fine.

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Kidnapping or abducting in order to murder

Offence : Kidnapping or abducting in order to murder


Punishment : Imprisonment for Life or Rigorous Imprisonment for 10 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session



Looking for information on the Indian Penal Code? Check out our exhaustive list of all sections offering in-depth explanations and legal insights for each IPC Section.




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Frequently Asked Questions


Is Section 364 a bailable?

Is section 364 bailable?


What are the ingredients of Section 364?

Ahmed v. State Of Telangana (2021) 9 SCC59, in which it was highlighted that Section 364A IPC is divided into three components: kidnapping a person, keeping them detained, threats to harm or kill, and kidnapping with the demand for ransom. 30 Mar 2023


What is IPC 365?

Anyone who kidnaps or takes someone with the intent of keeping them secretly and in an unjustified confinement is punishable by imprisonment for up to seven years. They may also be fined.