IPC §361BNS §137

Kidnapping from lawful guardianship

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(observed)
Last updated 2026-05-01 · Input coverage: partial

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-04-28.

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Comparison

Old law
IPC §361
Kidnapping from lawful guardianship

361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 2[sixteen] years of age if a male, or under 3[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. 1. 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. 2. Subs. by Act 42 of 1949, s. 2, for “fourteen”. 3. Subs. by s. 2, ibid., for “sixteen”. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

New law
BNS §137
Kidnapping

(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship—

(a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;

(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.

(2) 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.

What changedAI-inferred

IPC 361 preserved as BNS 137(1)(b) with gender-neutralisation: boy/girl gender-split collapses to 'child' (under 18).

Old position

IPC 361 is concerned with Kidnapping from lawful guardianship. Kidnapping from lawful guardianship

New position

BNS 137 modifies the framework. Topic: Kidnapping. Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship

BNS 137 modifies IPC 361. IPC 361 preserved as BNS 137(1)(b) with gender-neutralisation: boy/girl gender-split collapses to 'child' (under 18). BNS 137 text: Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship—(a) whoever conveys any person beyond the...

Editorial deltaAI-indicated (source-linked)

BNS 137 consolidates IPC 360 (kidnapping from India) and IPC 361 (kidnapping from lawful guardianship) into a single section with structured (1)(a)/(1)(b) sub-clauses defining the two kinds of kidnapping. The age thresholds, the unsound-mind cover, and the consent-of-lawful-guardian requirement are preserved in the visible portion of (1)(a)/(b).

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 361 continues to apply. For matters from that date forward, BNS 137 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNS 137 (Kidnapping). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, IPC §361 → BNS §137 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/361.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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