Introduction of Section 140 BNS
140 BNS is one of the strictest provisions in the Bharatiya Nyaya Sanhita, addressing kidnapping and abduction committed with dangerous intentions. Unlike ordinary kidnapping laws, this section focuses on cases where the act is linked to murder, ransom, wrongful confinement, or exploitation such as slavery or grievous harm. It ensures that criminals who use kidnapping as a tool for violent or organized crime face severe consequences, ranging from long-term imprisonment to the death penalty in the most extreme cases.
The Bharatiya Nyaya Sanhita (BNS) Section 140(1) replaces the old Indian Penal Code (IPC) Section 364.
The Bharatiya Nyaya Sanhita (BNS) Section 140(2) replaces the old Indian Penal Code (IPC) Section 364-A.
The Bharatiya Nyaya Sanhita (BNS) Section 140(3) replaces the old Indian Penal Code (IPC) Section 365.
The Bharatiya Nyaya Sanhita (BNS) Section 140(3) replaces the old Indian Penal Code (IPC) Section 367.
What is section 140 of BNS ?
BNS Section 140 defines kidnapping and abduction in the context of committing or attempting to commit serious crimes. It specifies the intent behind the kidnapping or abduction, such as causing murder, extortion, wrongful confinement, or grievous harm. The section outlines the types of punishments for these crimes, which include life imprisonment, rigorous imprisonment, and fines.
Under Section 140 of the bns act 2023
(1) Kidnapping to Murder:
Whoever kidnaps or abducts any person with the intention of murdering them, or putting them in danger of being murdered, shall be punished with life imprisonment, or rigorous imprisonment up to 10 years, and fine.
(2) Kidnapping for Ransom or Coercion:
Whoever kidnaps or abducts any person to demand ransom, or to compel the Government, any authority, or any person to act or refrain from acting, shall be punished with death, or life imprisonment, and fine.
(3) Kidnapping for Wrongful Confinement:
Whoever kidnaps or abducts any person with the intention of secretly and wrongfully confining them shall be punished with imprisonment up to 7 years, and fine.
(4) Kidnapping to Cause Grievous Harm, Slavery, or Exploitation:
Whoever kidnaps or abducts any person with intent to subject them to grievous hurt, slavery, or unnatural lust shall be punished with imprisonment up to 10 years, and fine.
BNS Section 140 is one of the strictest provisions on kidnapping and abduction. It punishes not just the act of kidnapping, but also the intention behind it:
- If kidnapping is done to murder, it carries life imprisonment or up to 10 years.
- If kidnapping is for ransom, it carries the death penalty or life imprisonment.
- If kidnapping is for wrongful confinement, punishment can go up to 7 years.
- If kidnapping is to cause grievous harm, slavery, or exploitation, punishment can go up to 10 years.
This section ensures that kidnappers cannot escape by hiding behind different motives—the law directly addresses each type of intent.
Key Elements of Section 140
- Kidnapping with Intent to Murder → Life imprisonment or up to 10 years + fine.
- Kidnapping for Ransom → Death penalty or life imprisonment + fine.
- Kidnapping for Wrongful Confinement → Up to 7 years imprisonment + fine.
- Kidnapping for Grievous Harm/Slavery → Up to 10 years imprisonment + fine.
- Cognizable & Non-Bailable → Police can arrest without warrant; bail is not easily granted.
- Court of Session → Most cases are tried by higher courts due to the seriousness.
- Severe Punishment → Ensures deterrence against organized kidnapping crimes.
Examples to Understand Section 140
Example 1 (Kidnapping to Murder):
Rohan abducts a rival and takes him to a forest with the plan of killing him.
Punishment under Section 140(1): Life imprisonment or up to 10 years + fine.
Example 2 (Kidnapping for Ransom):
A gang kidnaps a wealthy businessman’s child and demands ₹50 lakh, threatening to kill the child if not paid.
Punishment under Section 140(2): Death penalty or life imprisonment + fine.
Example 3 (Wrongful Confinement):
A man kidnaps his ex-partner and keeps her locked in a room secretly for days.
Punishment under Section 140(3): Up to 7 years imprisonment + fine.
Example 4 (Kidnapping for Slavery):
A contractor abducts migrant workers and forces them into bonded labor without pay.
Punishment under Section 140(4): Up to 10 years imprisonment + fine.
Why Section 140 is Important
- Provides different levels of punishment depending on the motive of kidnapping.
- Gives death penalty for kidnapping for ransom—showing how seriously the law treats such crimes.
- Protects victims from murder, torture, slavery, and extortion.
- Acts as a deterrent against criminal gangs and individuals.
- Strengthens India’s fight against organized crime and human exploitation.
BNS 140 in Simple Points
BNS Section 140 in Simple Points
- Types of Offenses: Section 140 deals with kidnapping or abduction done with the intent to murder, extort ransom, wrongfully confine, or inflict severe harm.
- Punishments: The section prescribes severe punishments, including life imprisonment and fines.
- Seriousness: The section addresses high-level crimes, making it a crucial part of legal provisions against severe criminal acts.
- Court Jurisdiction: Different subsections are triable in different courts, from Magistrates of the First Class to the Court of Session.
- Non-Bailable: Offenses under this section are generally non-bailable, indicating the seriousness of the crimes.
Detailed Explanation of BNS Section 140
BNS Section 140(1): Kidnapping to Murder
Key Points:
- Definition: This subsection deals with kidnapping or abduction with the intention of murdering the person or putting them in danger of being murdered.
- Punishment: The penalty includes life imprisonment or rigorous imprisonment for up to ten years, along with a fine.
- Intent: The key element is the intent to kill or put the victim at significant risk of death.
- Examples:
- Example 1: A person abducts someone intending to sacrifice them as part of a ritual. This constitutes an offense under this section.
- Example 2: A person forcibly takes someone away to a remote location with the intent to murder them. This is also covered under this section.
- Court: This offense is tried in the Court of Session.
BNS Section 140(2): Kidnapping for Ransom or Coercion
Key Points:
- Definition: This subsection addresses kidnapping with the aim of extorting ransom, or using threats of death or injury to coerce a person or entity.
- Punishment: The penalty can be death or life imprisonment, along with a fine.
- Threats: It involves threats to cause death or serious harm to compel action or payment.
- Examples:
- Example 1: A person kidnaps a business executive and demands a large ransom for their release, threatening harm if the ransom is not paid.
- Example 2: An individual abducts a politician and threatens to kill them unless a government entity meets certain demands.
- Court: This offense is triable in the Court of Session.
BNS Section 140(3): Kidnapping for Wrongful Confinement
Key Points:
- Definition: This subsection covers kidnapping or abduction with the intent to secretly and wrongfully confine the person.
- Punishment: The penalty includes imprisonment for up to seven years and a fine.
- Confinement: It focuses on wrongful confinement, meaning keeping someone against their will in a restricted space.
- Examples:
- Example 1: A person kidnaps someone and locks them in an abandoned building, intending to keep them there secretly.
- Example 2: An individual abducts someone and confines them in a hidden location to prevent their escape.
- Court: This offense is triable by a Magistrate of the First Class.
BNS Section 140(4): Kidnapping to Subject to Grievous Harm or Slavery
Key Points:
- Definition: This subsection addresses kidnapping or abduction with the intent to subject the person to grievous harm, slavery, or unnatural lust.
- Punishment: The penalty includes imprisonment for up to ten years and a fine.
- Harm: It involves severe physical harm or conditions akin to slavery.
- Examples:
- Example 1: A person kidnaps someone to force them into labor under harsh conditions, resembling slavery.
- Example 2: An individual abducts someone and subjects them to severe physical abuse or exploitation.
- Court: This offense is tried in the Court of Session.
Section 140 BNS Overview
BNS Section 140 outlines the criminal offenses related to kidnapping or abducting individuals with specific malicious intents such as murder, ransom, or severe harm. This section specifies different scenarios of kidnapping and the corresponding severe punishments.
Section 140 BNS Overview
- Kidnapping for Murder: If someone kidnaps a person to murder them or put them in danger of being murdered, they face life imprisonment or up to 10 years of rigorous imprisonment and a fine.
- Kidnapping for Ransom: If a person kidnaps someone to demand ransom or to force a government or organization to act or refrain from acting, they face the death penalty or life imprisonment along with a fine.
- Wrongful Confinement: Kidnapping with the intent to secretly and wrongfully confine the person carries a punishment of up to 7 years of imprisonment and a fine.
- Grievous Harm or Slavery: Kidnapping with the intent to subject the person to severe harm, slavery, or unnatural lust results in imprisonment for up to 10 years and a fine.
- Cognizable Offense: All offenses under this section are cognizable, meaning the police have the authority to arrest without a warrant.
- Non-Bailable Offense: The offenses under this section are non-bailable, meaning bail cannot be easily obtained.
- Triable by Court of Session: Serious cases such as those involving murder or ransom are triable by a Court of Session, which handles more severe cases.
- Presumption of Guilt: If the accused is found to have kidnapped for ransom or to coerce someone, there is a presumption of guilt unless proven otherwise.
- Exemptions: The section does not specify specific exemptions, but standard legal principles of defense and justification apply.
- Detailed Penalties: The section provides detailed penalties based on the type of crime, ranging from life imprisonment to specific years of imprisonment.
BNS 140 Punishment
- Imprisonment: For offenses like kidnapping for murder, the punishment can range from life imprisonment to rigorous imprisonment for up to 10 years, depending on the case specifics.
- Fine: Offenders are also liable to pay a fine, the amount of which varies depending on the nature of the crime.
Bharatiya Nyaya Sanhita Section 140
| Subsection | Description | Punishment | Classification | Trial By |
|---|---|---|---|---|
| BNS 140(1) | Kidnapping to murder | Life imprisonment or up to 10 years’ rigorous imprisonment and fine | Cognizable, Non-bailable | Court of Session |
| BNS 140(2) | Kidnapping for ransom or coercion | Death or life imprisonment and fine | Cognizable, Non-bailable | Court of Session |
| BNS 140(3) | Kidnapping for wrongful confinement | Up to 7 years’ imprisonment and fine | Cognizable, Non-bailable | Magistrate of the First Class |
| BNS 140(4) | Kidnapping to subject to grievous harm or slavery | Up to 10 years’ imprisonment and fine | Cognizable, Non-bailable | Court of Session |
BNS 140 bailable or not ?
Non-Bailable: All offenses under Section 140 are non-bailable, which means that bail is not easily granted due to the severity of the crimes.
BNS Section 140 FAQs
What does BNS Section 140 cover?
BNS Section 140 covers offenses related to kidnapping with the intent to murder, demand ransom, secretly confine, or subject the victim to severe harm or exploitation.
What are the penalties for kidnapping under BNS Section 140?
Penalties include life imprisonment or up to 10 years’ rigorous imprisonment, with additional fines. The exact penalty depends on the specific offense and intent.
Is kidnapping for ransom considered under BNS Section 140?
Yes, kidnapping for ransom is explicitly covered and can result in severe penalties including the death penalty or life imprisonment.
Can someone be imprisoned for wrongful confinement under BNS Section 140?
Yes, wrongful confinement with kidnapping can result in up to 7 years of imprisonment.
Is BNS Section 140 a bailable offense?
No, all offenses under Section 140 are non-bailable due to their serious nature.
Which court handles cases under BNS Section 140?
Cases involving serious offenses like kidnapping for murder or ransom are handled by the Court of Session, while wrongful confinement cases may be handled by a Magistrate of the First Class.
Conclusion
Section 140 of the Bharatiya Nyaya Sanhita strengthens India’s legal framework by bringing together various kidnapping and abduction offenses under a single comprehensive law. By prescribing life imprisonment, death penalty, or rigorous imprisonment, it reflects the seriousness of crimes such as ransom kidnappings, wrongful confinement, and abduction for murder or exploitation. Compared to the IPC, which scattered these provisions across multiple sections, BNS makes the law clearer, stronger, and more victim-centric. This ensures better deterrence against organized crime and safeguards individuals from some of the gravest threats to personal freedom and safety.
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Finished with BNS 140 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 141 BNS : Importation of girl or boy from foreign country.
- https://marriagesolution.in/bns_section/141-bns/
- 142 BNS : Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
- https://marriagesolution.in/bns_section/142-bns/
- BNS Section 143: Trafficking of person.
- https://marriagesolution.in/bns_section/bns-section-143/
- Section 144 BNS : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/section-144-bns/
- BNS 145 : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/bns-145/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list