Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of Kidnapping, abduction, slavery and forced labour
Section 364: Kidnapping or abducting in order to murder
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.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 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. IIIustrations
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 364
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The State of Jharkhand v. The Indian Builders Jamshedpur
Bharat Drilling & Foundation Treatment Pvt. Ltd. v. State of Jharkhand and Ors. (2009) 16 SCC 705, if requires to be referred to a larger bench for reconsideration and authoritative decision in order to obviate…
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Thammineni Bhaskar v. The State of Andhra Pradesh
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 364 and 201 IPC for kidnapping and murder of the informant’s son.
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Phireram v. State of Uttar Pradesh & Anr.
Whether the High Court erred in passing the impugned order, by which it disposed of the application filed by the appellant-complainant seeking cancellation of bail of the accused persons on the ground of threats being…
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
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Amlesh Kumar v. The State of Bihar
Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant)…
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Chandrabhan Sudam Sanap v. The State of Maharashtra
Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellant for rape and murder of the deceased and imposition of death sentence.
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed…
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P. Manikandan v. Central Bureau of Investigation and Ors.
Whether the High Court was justified in directing re-investigation and retrial of the same offence on the same set of facts, after acquitting the accused by giving him the benefit of doubt; Whether, in the attending…
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Randeep Singh @ Rana & Anr. v. State of Haryana & Ors.
Issue arose as regards conviction and sentence of the appellants u/ss.364, 302, 120-B and 201 IPC for abduction and brutal murder of the victim, if justified.
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Vijay Singh @ Vijay Kr. Sharma v. The State of Bihar
Issue arose as regards sustainablility of the findings of the High Court holding the appellants guilty of commission of offences u/ss. 302/34 and 364/34 IPC; as also the approach of the High Court, if in line with the…
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Anil Mishra v. State of U.P. & Ors.
Whether High Court was justified in setting aside the entire proceedings of the case against the accused on the basis of a Settlement Agreement where the complainant in the FIR was not made a party.
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Kalinga @ Kushal v. State of Karnataka By Police Inspector Hubli
Whether the extra judicial confession of the appellant-accused was admissible, credible and sufficient for his conviction thereon for the murder of his brother-PW-1’s son; whether the testimony of PW-1 could be termed…
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State of Haryana v. Dharamraj
In instant appeal, the State seeks cancellation of anticipatory bail granted to the sole respondent by the Single Judge of the High Court.
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