What is IPC Section 364?
IPC Section 364 punishes kidnapping or abducting 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. This provision builds on the basic definitions of kidnapping (Sections 359–361) and abduction (Section 362), adding the specific, dangerous element of intent or knowledge relating to the victim's murder. The section is illustrated by examples such as kidnapping a person with the intent that they be sacrificed to an idol, or forcibly carrying someone away specifically so that they may be murdered.
Section 364 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body"), within the group of provisions dealing with kidnapping and abduction (Sections 359 to 374). It is often invoked alongside Section 302 (murder) when the abduction culminates in an actual killing, but importantly, the offence under Section 364 is independently complete once the kidnapping or abduction is proven to have been done with the requisite intent or knowledge, regardless of whether the murder is ultimately carried out.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 364 IPC now corresponds to sub-section (1) of Section 140 of the BNS, which consolidates kidnapping/abduction offences relating to murder and ransom into a single section, retaining the identical punishment. FIRs registered before 1 July 2024 continue to be tried under IPC 364; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 364 IPC
Illustrations: A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol — A has committed the offence defined in this section. A forcibly carries or entices B away from his home in order that B may be murdered — A has committed the offence defined in this section.
Punishment Under Section 364
| Imprisonment | Imprisonment for life, or rigorous imprisonment up to 10 years |
|---|---|
| Fine | Liable to fine, in addition to imprisonment |
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without a warrant |
| Bailable / Non-Bailable | Non-Bailable — bail must be sought from the Sessions Court or higher |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Court of Session |
| Related Provisions | Section 363 (basic kidnapping), Section 364A (kidnapping for ransom), Section 365 (kidnapping to secretly confine), Section 302 (murder, where actually completed) |
Key Ingredients / Essential Elements
Kidnapping or abduction of the victim
The accused must have kidnapped (as defined under Sections 359–361) or abducted (as defined under Section 362) the victim.
Purpose or knowledge relating to murder
The kidnapping or abduction must have been done in order that the victim may be murdered, or with knowledge that it is likely the victim will be put in danger of being murdered.
Actual murder is not required
The offence is complete once the kidnapping/abduction with the requisite intent or knowledge is established — it is not necessary that the victim was actually murdered.
Distinct from, but often related to, an actual murder charge
Where the victim is in fact murdered, the accused may be separately charged and convicted under Section 302 in addition to Section 364.
What Should You Do — For Complainants and For the Accused
If You or a Family Member Has Been Kidnapped/Abducted
- File an FIR immediately — being cognizable, the police must register the complaint and begin investigation without delay.
- Provide any evidence of threats or circumstances suggesting the intent to endanger the victim's life, such as messages, witness accounts, or prior disputes.
- Coordinate closely with investigating officers, since urgency in such cases is critical to the victim's safety.
If a Complaint Is Filed Against You
- Since the offence is non-bailable and carries a severe potential sentence, engage a criminal lawyer immediately to apply for bail before the Sessions Court.
- A key defence is to challenge whether the requisite intent or knowledge relating to murder is actually established, as opposed to a lesser kidnapping/abduction offence.
- Given the severity of the potential punishment, thorough legal representation from the earliest stage of investigation is essential.
FIR & Bail Process Under Section 364
Filing the FIR
Being cognizable, an FIR can be registered immediately, and police are obligated to investigate promptly given the risk to the victim's life.
Investigation & Recovery
Police prioritise locating and recovering the victim, and gather evidence establishing the specific intent or knowledge relating to murder.
Bail
Being non-bailable, the accused must apply for regular or anticipatory bail before the Sessions Court or High Court, which examines the gravity of the allegations closely.
Trial
Since the offence is triable exclusively by the Court of Session and non-compoundable, the case proceeds to a full trial before that court.
Important / Landmark Cases on Section 364
Ishwar Prasad v. State of Chhattisgarh (2025)
The Chhattisgarh High Court modified a conviction from Section 364A (kidnapping for ransom) to Sections 363 and 365 IPC, holding that in the absence of direct evidence of a threat of death or harm, a conviction under the more serious ransom provision cannot be sustained — illustrating the careful, evidence-based distinctions courts draw between the various aggravated kidnapping provisions, including Section 364.
Ransom Letter Not Proved; Conviction Altered
The Allahabad High Court altered a conviction from kidnapping for ransom (Section 364A) to kidnapping with intent to secretly and wrongfully confine (Section 365), after finding that the ransom letter allegedly sent was not proved by the prosecution — demonstrating how courts carefully match the proven facts to the correct kidnapping-related provision, including Section 364 where murder intent is specifically alleged.