Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Kidnapping, abduction, slavery and forced labour
Section 365: Kidnapping or abducting with intent secretly and wrongfully to confine person
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 365
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Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad v. State of Uttarakhand
Whether the conviction of the appellants, as recorded by the trial Court and affirmed by the High Court, deserves to be upheld or whether they are entitled to acquittal.
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Rahil & Anr. v. State (Govt. of N.C.T. of Delhi)
Whether the High Court erred in reversing the acquittal passed by the trial court and convicting the appellants for offence u/s.302, Penal Code, 1860 and sentencing them to life imprisonment.
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Thammaraya and Another v. The State of Karnataka
Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable.
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M. Vijayakumar v. State of Tamil Nadu
Prosecution, if succeeded in establishing that there was mens rea on the part of the appellant to commit the offence rather to push the victim to commit suicide and to attract the offence u/s. 306, IPC.
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Rajesh & Anr. v. The State of Madhya Pradesh
In a case based on circumstantial evidence as there was no eyewitness to the kidnapping and murder, and where the prosecution’s case essentially turned upon the ‘recoveries’ made at the behest of the…
- The State of Andhra Pradesh & Anr v. Vijayanagaram Chinna Reddappa
- Central Bureau of Investigation v. Aryan Singh Etc.
- Balu Sudam Khalde & Anr. v. The State of
- Ravi Dhingra v. The State of Haryana
- Boby v. State of Kerala
- Central Bureau of Investigation v. P.S. Jayaprakash Etc. Etc.
- Rahul v. State of Delhi Ministry of Home Affairs & Anr.
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Manoj Pratap Singh v. The State of Rajasthan
- Ramveer Upadhyay & Anr. v. State of U.P. & Anr.
- Pappu Tiwary v. State of Jharkhand
- K.S. Ranganatha v. Vittal Shetty
- Shaik Ahmed v. State of Telangana
- Somasundaram @ Somu v. The State Rep. by the Deputy Commissioner of Police
- Baiju Kumar Soni & Anr. v. State of Jharkhand
- Mukesh & Anr. v. State for NCT of Delhi & Ors.
- Saloni Arora v. State of NCT of Delhi
- R. Rachaiah v. Home Secretary, Bangalore
- Dharam Pal v. State of Haryana & Ors.
- Rajiv Singh v. State of Bihar & Another
- Abdul Basit @ Raju & Ors. Etc. v. Md. Abdul Kadir Chaudhary & Anr.
- Krishnan @ Ramasamy & Ors. v. State of Tamil Nadu
- Sanghian Pandian Rajkumar v. Central Bureau of Investigation & Anr.
- Sushil Ansal v. State Through CBI
- Sunil Mahadeo Jadhav v. The State of Maharashtra
- Girraj Prasad Meena v. State of Rajasthan & Ors.
- Deepak Gulati v. State of Haryana
- Rishipal v. State of Uttarakhand
- Ash Mohammad v. Shiv Raj Singh @ Lalla Babu and Anr.
- Om Prakash v. State of Rajasthan and Anr.
- Prithipal Singh Etc v. State of Punjab & Anr. Etc.
- Ranjit Singh and Ors. v. State of Madhya Pradesh
- Abu Salem Abdul Qayoom Ansari v. State of Maharashtra & Anr.
- Central Bureau of Investigation v. Hopeson Ningshen & Ors.
- Mulla & Anr. v. State of U.P.
- Murli and Anr. v. State of Rajasthan
- Ganesh Gogoi v. State of Assam
- Arjun Singh v. State of H.P.
- Badshah and Ors. v. State of U.P.
- Suman Sood @ Kamal Jeet Kaur v. State of Rajasthan
- Subhash Harnarayanji Laddha v. State of Maharashtra
- Chatar Singh v. State of M.P.
- Gurpreet Singh Bhullar and Anr. v. Union of India and Ors.
- Sube Singh v. State of Haryana and Ors.
- Mukhtiar Ahmed Ansari v. State (N.C.T. of Delhi)
- Malleshi v. State of Karnataka
- Parmananda Pegu v. State of Assam
- Tarun Bora @ Aloka Hazarika v. State of Assam
- Rizwan Ahmed Javed Shaikh and Ors. v. Jammal Patel and Ors.
- Manish Dixit and Ors. v. State of Rajasthan