Section 363 IPC, Now BNS Section 137: Kidnapping Punishment, Bail and Defence

Kidnapping was defined and punished across Sections 359 to 363 IPC and now sits in Section 137 BNS from 1 July 2024. Old FIRs continue under the IPC number, so people still search 363, while a fresh kidnapping FIR is registered under Section 137 BNS.

The BNS uses the words any child for kidnapping from lawful guardianship, removing the old distinction between the age of minor boys and girls. Where a kidnapping FIR arises from a consensual elopement of a young adult, the age of the person who left home becomes the central issue, and a bail or quashing strategy is built around it.

Kidnapping is a serious offence against personal liberty, and its classification reflects that.

Because the offence is non-bailable and non-compoundable, bail is at the discretion of the court and the case cannot simply be settled. Where the alleged victim is in fact a consenting adult, that is the strongest ground for bail and for challenging the FIR. If arrest is likely, apply early for anticipatory bail. For definitions, see our legal glossary.

Kidnapping from lawful guardianship depends on the age of the person taken. The offence is made out where a child, meaning a person under eighteen, is taken or enticed out of the keeping of a lawful guardian without consent. Two points decide most contested cases.

• Age of the person: If the person who left is an adult, that is eighteen or above, taking them out of guardianship is not kidnapping, because the law protects the liberty of adults to make their own choices.
• Consent of a minor is not a defence to guardianship kidnapping: Where the person is genuinely a minor, their own consent does not by itself defeat the charge, though it is relevant to sentencing and to related offences.

In elopement cases, the family often files a kidnapping FIR against the partner of a young adult who left home willingly. Where the age can be proved to be eighteen or above, the FIR frequently does not survive. School records, the Aadhaar, and the birth certificate become the most important documents in the case.

The sequence for a kidnapping FIR, especially an elopement case, is focused on age and liberty.

1. Read the FIR sections. Confirm whether it is plain kidnapping or an aggravated section such as kidnapping to compel marriage or for ransom, which are far more serious.
2. Establish age. Gather documentary proof of the age of the person alleged to have been kidnapped.
3. Apply for bail, anticipatory if arrest is likely, on the strength of consent and age where the person is an adult.
4. Record the person's own statement where lawful, since a consenting adult can confirm they left voluntarily.
5. Assess quashing where the FIR is a family reaction to a consensual adult relationship.

These cases need careful, sensitive handling, and our page for a criminal lawyer in Lucknow explains how we approach kidnapping and elopement FIRs in the Lucknow courts. For a specific matter, use the contact page.

Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on criminal defence, kidnapping and elopement FIRs, bail, and FIR quashing across Lucknow and the wider Awadh region. He regularly defends clients named in Section 363 IPC and Section 137 BNS kidnapping FIRs, establishes the age and consent of the person concerned, and secures bail and quashing where the matter is a family reaction to a consensual adult relationship.

Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a kidnapping or elopement case, please use the contact page.