Section 140 of BNS 2023: Penalties for Kidnapping and Abduction with Malicious Intent

Overview

Section 140 of BNS 2023 outlines the severe penalties for various forms of kidnapping and abduction with malicious intent, including intentions to murder, cause harm, extort, or subject the victim to grievous hurt, slavery, or unnatural lust. This section aims to protect individuals from such heinous crimes by imposing stringent punishments.

Punishment

1. Kidnapping with Intent to Murder:
   • Imprisonment: Life imprisonment or rigorous imprisonment up to ten years.
   • Fine: Additional liability to fine.
2. Kidnapping for Ransom or Extortion:
   • Imprisonment: Death or life imprisonment.
   • Fine: Additional liability to fine.
3. Kidnapping for Wrongful Confinement:
   • Imprisonment: Up to seven years.
   • Fine: Additional liability to fine.
4. Kidnapping for Grievous Hurt, Slavery, or Unnatural Lust:
   • Imprisonment: Up to ten years.
   • Fine: Additional liability to fine.

Key Elements

1. Kidnapping with Intent to Murder:
   • Act: Kidnapping or abducting a person.
   • Intent: The person is to be murdered or disposed of in a manner that endangers their life.
2. Kidnapping for Ransom or Extortion:
   • Act: Kidnapping, abduction, or detention after kidnapping.
   • Conduct: Threatening death or hurt, causing a reasonable apprehension of death or hurt, or causing death or hurt.
   • Purpose: Compelling a government, foreign state, organization, or individual to act or abstain from an act, or to pay a ransom.
3. Kidnapping for Wrongful Confinement:
   • Act: Kidnapping or abducting a person.
   • Intent: Secret and wrongful confinement of the person.
4. Kidnapping for Grievous Hurt, Slavery, or Unnatural Lust:
   • Act: Kidnapping or abducting a person.
   • Intent: Subjecting the person to grievous hurt, slavery, or unnatural lust, or disposing of them in a manner likely to lead to such outcomes.

Examples

1. Kidnapping for Murder: A person kidnaps someone intending to sacrifice them, knowing it is likely to result in their death. This act falls under Section 140.
2. Extortion and Ransom: A person kidnaps a child and demands a ransom from the parents, threatening to harm the child if the ransom is not paid.
3. Wrongful Confinement: A person kidnaps someone to hold them secretly in a hidden location for wrongful confinement.
4. Exploitation: A person kidnaps a child with the intent to sell them into slavery or to be subjected to sexual abuse.

Historical Context

Laws against kidnapping and abduction have long been crucial in legal systems to protect individuals from severe exploitation and harm. The Indian Penal Code (IPC) laid the foundation for these laws, which BNS 2023 refines to address contemporary issues.

Legislative Intent

The legislative intent behind Section 140 of BNS 2023 is to provide stringent penalties for kidnapping and abduction with malicious intent, protecting individuals from severe harm and exploitation. By imposing severe punishments, the law aims to deter such crimes and ensure the safety and dignity of individuals.

Conclusion

Section 140 of BNS 2023 is vital for addressing severe offenses of kidnapping and abduction with malicious intent. By outlining clear penalties, it ensures the protection of individuals from heinous crimes, promoting a safer and more just society.