What is IPC Section 367?
kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.IPC Section 367 dealt with kidnapping or abducting a person in order to subject that person to grievous hurt, slavery or the unnatural lust of any person, or with the required knowledge that such treatment was likely.
The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is BNS Section 140(4). It carries the Section 367 conduct within the broader provision dealing with kidnapping or abduction.
Important Update: IPC to BNS Transition
The Indian Penal Code was repealed for new offences from 1 July 2024. The corresponding provision is BNS Section 140(4) , which applies to conduct under the new criminal law framework.
Legal Provision — Text of Section 367 IPC
Explanation:Section 367 required more than proof that a person was kidnapped or abducted. The prosecution had to connect the act with the purpose or knowledge that the person would be subjected, or disposed of so as to put the person in danger of being subjected, to grievous hurt, slavery or the unnatural lust of any person.
The prosecution must establish the additional purpose or knowledge.The prosecution must establish the kidnapping or abduction and the additional purpose or knowledge required by Section 367. A mere allegation of removal does not automatically prove this additional element.
Punishment Under IPC Section 367
| Maximum Punishment | Imprisonment of either description up to 10 years and fine |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Triable By | Court of Session |
| BNS Equivalent | Section 140(4), Bharatiya Nyaya Sanhita, 2023 |
| Nature | Serious offence involving kidnapping or abduction with the specified harmful purpose or knowledge |
IPC Section 367 prescribed imprisonment of either description for a term which may extend to ten years and also liability to fine. Historically, the offence was cognizable, non-bailable, non-compoundable and triable by a Court of Session.
Key Ingredients / Essential Elements
For an allegation under Section 367 to be established, the following elements were important:
Kidnapping or Abduction
The accused must have kidnapped or abducted the person concerned.
Specified Harmful Purpose
The kidnapping or abduction must have been connected with the purpose of subjecting the person, or disposing of the person so as to put the person in danger of being subjected, to grievous hurt, slavery or the unnatural lust of any person.
Knowledge of Likely Treatment
The prosecution may also rely on proof that the accused knew it was likely that the person would be so subjected or disposed of.
Required Intention or Knowledge
The required intention or knowledge must be proved from the facts and circumstances. Mere presence near a kidnapping, association with an accused person or a general dispute is not by itself enough to establish every ingredient.
Connection With Kidnapping or Abduction
The prosecution must establish a clear connection between the act of kidnapping or abduction and the harmful purpose or knowledge required by Section 367.
What Should You Do — For Complainants and Accused
Cases under Section 367 are fact-sensitive. Evidence about how the person was taken, why the person was taken, the accused’s conduct, communications, threats, injuries, confinement, witnesses and surrounding circumstances may become important.
If You Believe a Person Was Kidnapped or Abducted
- Preserve messages, call records, CCTV footage, photographs and witness details.
- Provide the police with the available facts about the person taken and the circumstances of the incident.
- Obtain medical records where grievous hurt or other injury is alleged.
- Seek legal advice on the appropriate criminal and civil remedies.
If You Are Accused Under Section 367
- Review whether kidnapping or abduction is actually supported by the evidence.
- Examine whether the prosecution can prove the specific purpose or knowledge required by Section 367.
- Seek timely legal advice on bail, investigation and trial strategy.
- Seek legal advice promptly about bail, defence and any connected civil or criminal proceedings.
Kidnapping / Abduction vs Mere Dispute or Voluntary Movement
A disagreement, voluntary movement or ordinary personal dispute does not automatically satisfy Section 367. The prosecution must prove kidnapping or abduction together with the additional statutory purpose or knowledge.
Complaint, FIR & Court Process Under Section 367
Victim and Circumstances Identified
The complainant or police may identify the alleged victim, the circumstances in which the person was taken or induced to move, the accused persons involved and the alleged purpose or knowledge behind the act.
Evidence and Records Collected
FIR material, witness statements, call detail records, messages, CCTV footage, travel records, medical evidence, recovery evidence and other surrounding circumstances may become relevant depending on the allegations.
Purpose or Knowledge Examined
The investigation may examine whether the accused kidnapped or abducted the person and whether the evidence supports the additional purpose or knowledge concerning grievous hurt, slavery or unnatural lust.
FIR and Investigation
Section 367 was historically cognizable and non-bailable. Police investigation could therefore proceed in accordance with the applicable procedural law, while bail would ordinarily require judicial consideration because the offence was non-bailable.
Court Proceedings and Bail
The offence was historically triable by a Court of Session and was non-compoundable. Defence strategy, bail applications and trial preparation depend on the facts, evidence and the procedural law applicable to the case.
Important / Landmark Principles on Kidnapping and Abduction
The Supreme Court considered Section 367 in a case involving alleged abduction and later death. It held that the conviction under Section 367 could not stand because the required connection between the picking up of the deceased and the grievous hurt relied upon by the prosecution was not established.
The case is reported among decisions concerning Section 367 and kidnapping or abduction allegations. It illustrates the importance of framing and proving the specific offence supported by the evidence rather than treating every form of taking away as the same offence.
Section 367 was considered in litigation concerning kidnapping and the treatment of the victim. The case is among the reported judgments associated with this provision and demonstrates the need to examine the facts and evidence supporting the alleged offence.