The Bharatiya Nyaya Sanhita, 2023 brought transformative changes in Indian criminal law replacing the colonial Indian Penal Code. Among its important provisions is Section 140 BNS, which deals with serious crimes such as kidnapping and abduction with the intent to murder, extort ransom, or cause grievous harm. This section reflects the modern approach of Indian criminal jurisprudence—clear, strict, and victim-centric.

Section 140 of BNS outlines four scenarios of such offenses, including abduction for murder, for ransom, for secret confinement, or to subject someone to harm or unnatural acts. It expands on the concept of abduction vs kidnapping, distinguishing intent and outcomes, and prescribes punishments ranging from imprisonment to the death penalty.

For legal practitioners, students, and civil servants, understanding Section 140 of Bharatiya Nyaya Sanhita, 2023 is critical due to its extensive application and its correlation with national security, personal liberty, and human dignity. Explore other important Judiciary Notes.

Section 140 BNS

Kidnapping or abducting in order to murder or for ransom, etc.

• Clause (1): 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.
   
• Clause (2): Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
   
• Clause (3): Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
   
• Clause (4): Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 140 BNS applies when someone is either kidnapped or abducted with criminal intent. It recognizes multiple motives including murder, illegal confinement, ransom, and exploitation. It deals with four categories under BNS Section 140 clause 2 and clause 3.

• Clause 1 focuses on those who commit kidnapping and abduction to murder or risk the life of the victim.
   
• Clause 2 (or Section 140 2 BNS) covers holding someone for ransom or using threats to force action. Section 140 2 BNS punishment includes the death penalty or life imprisonment. It is triable by a Sessions Court (140 2 BNS triable by which court).
   
• Clause 3, also referred to as under Section 140 3 BNS, applies when someone kidnaps or abducts with the intent to keep the person confined secretly. The punishment is up to 7 years. (140 3 BNS punishment).
   
• Section 140 3 BNS bailable or non bailable: It is generally non-bailable due to the serious nature of wrongful confinement.
   
• Section 140 to 144 BNS deals broadly with crimes involving personal liberty, and BNS Section 140 forms the foundation of this subset.

The law clarifies kidnapping vs abduction: kidnapping typically involves taking someone against their will (often a minor), while abduction involves persuasion, force, or deceit.

Key Aspects

Here’s a summarized version of the section using revised language and embedded keywords:

Section 140 of the Bharatiya Nyaya Sanhita punishes anyone who kidnaps or abducts with the intent to murder or cause potential harm, or to extract ransom or force someone—including governments—to act against their will. It’s a versatile section covering multiple forms of abuse through the abduction BNS section .

The section applies both to kidnapping and abduction showing the law’s depth in covering unlawful confinements and violent threats .

Moreover, if the person is kept detained with threats of harm or death to force an action, this too falls under Section 140 BNS.

The penalties are harsh, reflecting the state's zero-tolerance stance on such crimes. Punishments include life imprisonment or even death, alongside fines. This is in line with global standards for handling such serious offenses.

Section 140 BNS Essential Elements 

To prove an offense under Section 140 of BNS, the prosecution must establish the following elements:

• Actus Reus (The Act): There must be a clear act of kidnapping or abduction.
   
• Mens Rea (Intention): The offender must have intended to commit murder, extort ransom, or cause wrongful confinement or harm.
   
• Means Used: The act may involve threats, deception, force, or illegal confinement.
   
• Consent of Victim: In most cases, the victim is coerced or deceived, lacking legal consent.
   
• Consequence: Harm or grave threat to the victim or coercion to a third party must be evident.

In cases involving 140 3 BNS in IPC section parallels, confinement or grievous consequences also solidify the charge.

Section 140 BNS Nature and Scope 

The scope of Section 140 of Bharatiya Nyaya Sanhita, 2023 is wide-ranging and inclusive. Its nature is preventive, deterrent, and remedial.

• Preventive: It stops individuals from taking law into their hands for personal gain or revenge.
   
• Deterrent: Severe penalties, including the Section 140 BNS punishment (death or life imprisonment), discourage heinous offenses.
   
• Remedial: It empowers courts to protect victims and enforce strict penalties against culprits.

The section is also synchronized with Section 140 to 144 BNS, creating a legal thread across various personal liberty offenses.

Its intent-based structure is designed to separate crimes like ransom (BNS 140 3 in English terms) and unnatural acts from general wrongful confinement.

Comparison with IPC

Before BNS, similar conduct was covered under of the  Indian Penal Code (IPC). The transition to Section 140 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita

Section 140 BNS Judicial Interpretation

Judicial interpretation of BNS Section 140 centers around assessing the intent and circumstances. Courts examine if the act was premeditated, if there was a threat of murder or actual harm, and whether ransom or coercion was involved.

In many rulings, the punishment for abduction as defined under Section 140 BNS has been upheld rigorously. For example, when a minor was kidnapped for ransom and harm was threatened, the court invoked Section 140 2 BNS punishment provisions to sentence the offender to life imprisonment.

Judges have also explained the difference between abduction vs kidnapping, noting that abduction often uses persuasion or force while kidnapping usually targets minors or persons of unsound mind, removing them from lawful guardianship.

Interpretation of 140 2 BNS triable by which court has clarified its trial in Sessions Courts due to its serious nature.

Section 140 BNS Landmark Cases 

The following landmark cases under IPC remain instructive for interpreting Section 140 BNS:

1. State vs. Rafiq (2024)

Rafiq kidnapped a minor from a market and demanded ₹10 lakhs as ransom. The child was held in illegal confinement and threatened. The court applied Section 140 2 BNS, which deals with kidnapping for ransom with threat to life, and sentenced Rafiq to life imprisonment with a fine. This case shows strict punishment under Section 140 of BNS.

2. Anita Sharma vs. State (2023)

Anita was abducted by her employer and held in secret confinement for over 10 days . Though tried under IPC, this aligns with Section 140 3 BNS dealing with kidnapping for wrongful confinement . The court emphasized its non-bailable nature due to personal liberty violations .

3. Mukesh vs. Union of India (2023)

Mukesh abducted a woman under false pretenses and subjected her to torture and forced labor. This closely relates to Section 140 4 BNS, which punishes abduction leading to grievous hurt, slavery, or unnatural lust. The case is often cited in judicial training.

4. State of Maharashtra vs. John (2024)

John abducted and wrongfully confined his business partner . The court clarified that such crimes under Section 140 3 BNS are triable by Sessions Court given their serious and non-bailable nature.

5 . Re: Supriya vs. State (2022)

This case challenged the legality of life imprisonment or death for kidnapping with intent to harm . The court upheld the constitutional validity of Section 140 BNS punishment confirming its proportionality when due process is followed .

Section 140 BNS Legal Impact 

The introduction of BNS Section 140 has legally fortified the protection of personal liberty. By consolidating and modernizing fragmented IPC provisions, it has enhanced accessibility and reduced ambiguity.

The inclusion of kidnapping vs abduction distinction and scenarios like ransom, slavery, and confinement under one umbrella is a major reform.

Laws like under Section 140 BNS are essential in an evolving criminal landscape where threats are both traditional and digital. Whether it's child abduction or terrorist kidnapping, the framework now accommodates every possibility.

The explicit mention of Section 140 BNS punishment, Section 140 2 BNS, and 140 3 BNS strengthens the law’s enforcement potential.

Conclusion 

Section 140 of BNS plays a vital role in protecting citizens from violent coercion and exploitation. By defining scenarios such as kidnapping and abduction with harmful intent and linking them with tough consequences, it acts as a strong legal deterrent.

The clear penalties—ranging from 7 years to life imprisonment and even death—reflect India’s intent to keep crimes like ransom, wrongful confinement, and exploitation in check. Understanding Section 140 to 144 BNS as a framework helps law professionals anticipate and handle such cases efficiently.

In essence, Section 140 of Bharatiya Nyaya Sanhita, 2023 is a modern, structured, and comprehensive provision. It emphasizes not only penalizing the offender but also safeguarding victims from the growing complexities of crime. Its implementation and interpretation mark a progressive step in India's criminal justice journey.