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IPC 369

IPC Section 369 – Kidnapping or Abducting Child Under Ten Years With Intent to Steal From Its Person | Bail, FIR & Free Legal Consultation
Section 369 · Indian Penal Code

IPC Section 369 – Kidnapping or Abducting Child Under Ten Years With Intent to Steal From Its Person

Section 369 of the Indian Penal Code punishes kidnapping or abducting a child under the age of 10 years, with the specific intention of dishonestly taking movable property from the child's person — for instance, kidnapping a young child to strip them of jewellery or other valuables they are wearing or carrying. This provision recognizes the particular vulnerability of very young children as targets for a specific and disturbing form of theft-motivated child abduction, warranting substantial imprisonment even though the underlying property taken may itself be of modest value.

Punishment: Up to 7 Years + Fine
Cognizable: Yes
Bailable: No
Compoundable: No
BNS 2023 equivalent: Section 97
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Quick Answer: What Does Section 369 Mean?

In simple terms, Section 369 punishes a specific, targeted form of child kidnapping or abduction — one carried out specifically with the intention of dishonestly stealing movable property (such as jewellery, ornaments, or other valuables) from the person of a child under 10 years old. This offence is complete the moment the kidnapping or abduction occurs with this specific theft-related intent, regardless of whether the property is ultimately, successfully taken. The section reflects a recognition that very young children, often wearing jewellery given by family members and generally incapable of resisting or reporting such crimes, represent a specifically vulnerable target for this particular form of exploitation.

Applies to kidnapping or abducting a child under 10 years of age
Requires specific intent to dishonestly take movable property from the child's person
Complete upon the kidnapping/abduction with this intent, regardless of actual theft
Punishable with up to 7 years' imprisonment, plus fine

What is IPC Section 369?

IPC Section 369 falls within Chapter XVI of the Indian Penal Code ("Of Offences Affecting the Human Body"), within the sub-group of provisions addressing kidnapping and abduction (Sections 359-374). This chapter provides a graduated scheme of offences, ranging from general kidnapping (Section 363) to increasingly specific and aggravated forms — kidnapping/abducting in order to murder (Section 364), for ransom (Section 364A), to secretly and wrongfully confine a person (Section 365), and, addressed here, specifically to steal property from a young child's person.

The specific rationale for treating this form of child abduction as a distinct, dedicated offence lies in the particular vulnerability of children under 10 — such young children are typically unable to meaningfully resist or report the crime, and often wear or carry jewellery and other valuables provided by their families, making them a specifically attractive and exploitable target for those seeking to steal such items through kidnapping or abduction. The 7-year maximum punishment reflects the seriousness with which the law treats this combination of child endangerment and property theft.

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 369 IPC now corresponds to Section 97 of the BNS, which retains the identical definition and punishment without substantive change. FIRs registered before 1 July 2024 continue to be tried under IPC 369; incidents after that date are registered under the corresponding BNS provision.

Punishment Under Section 369

ImprisonmentImprisonment of either description (simple or rigorous) for a term which may extend to 7 years
FineShall also be liable to fine, in addition to imprisonment
Nature of OffenceCognizable — police can register an FIR and investigate without a warrant
Bailable / Non-BailableNon-Bailable
CompoundableNot compoundable
Triable ByMagistrate First Class
Related ProvisionsSection 359 (kidnapping, two kinds), Section 362 (definition of abduction), Section 363 (punishment for kidnapping generally)

Key Ingredients / Essential Elements

1

Kidnapping or abducting a child

The accused must have kidnapped (taken from lawful guardianship, per Section 361) or abducted (compelled or induced by deceitful means, per Section 362) a child.

2

The child must be under 10 years of age

This specific, lower age threshold triggers this section, as distinguished from the general kidnapping provisions applicable to older minors.

3

Specific intention to dishonestly take movable property from the child's person

The kidnapping/abduction must have been undertaken with this specific theft-related purpose — a kidnapping for any other purpose (such as ransom, or to unlawfully confine the child) would instead fall under a different, more applicable provision.

What Should You Do — For Complainants and For the Accused

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If Your Child Has Been a Victim of This Offence

  1. File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation without delay.
  2. Document any missing jewellery or valuables the child was wearing or carrying, along with any available witness accounts.
  3. Cooperate fully with the police investigation, and seek appropriate medical/psychological support for the child as needed.
📞 Talk to a Lawyer — Complainant Support
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If You Are Accused Under Section 369

  1. Given the extreme severity of this offence — involving a young child and non-bailable status — engage a criminal defence lawyer immediately.
  2. A key defence is to challenge whether the specific intent to steal property from the child's person is genuinely established, as opposed to some other purpose or a misunderstanding of the facts.
  3. Given the non-bailable nature, comprehensive legal representation throughout the bail application and trial process is essential.
📞 Talk to a Lawyer — Defence Support

FIR & Bail Process Under Section 369

STEP 1

Filing the FIR

Being cognizable, the police are obligated to register an FIR immediately upon receiving information regarding the kidnapping/abduction of a young child.

STEP 2

Investigation

Police investigation focuses on establishing the child's age, the specific kidnapping/abduction, and the accused's intent to steal property from the child's person.

STEP 3

Bail

Being non-bailable, the accused must apply for bail before the appropriate court, and given the gravity of offences involving children, securing bail can be challenging.

STEP 4

Trial

The case is tried before a Magistrate First Class, and being non-compoundable, must proceed through the full trial process.

Important / Landmark Cases on Section 369

General Judicial Interpretation

Requirement of Specific Theft-Related Intent

Courts interpreting Section 369 have emphasized that the specific intention to dishonestly take movable property from the child's person is an essential element that must be independently established — a kidnapping or abduction of a young child for some other purpose (such as begging, illegal adoption, or other exploitation) would not satisfy this specific section, though it may fall under other applicable provisions.

Principle relied on: Section 369's application is specifically tied to the narrow theft-related intent described in the section; establishing kidnapping or abduction of a young child alone, without this specific intent, is insufficient for a conviction under this section.
General Judicial Interpretation

Completion of the Offence Independent of Actual Theft

Courts have clarified that the offence under Section 369 is complete upon the kidnapping or abduction being carried out with the requisite intent, regardless of whether the intended property was actually, successfully taken from the child.

Principle relied on: Since Section 369's core wrongdoing lies in the child abduction carried out with theft-related intent, the offence does not require proof that the intended theft was actually completed.

Frequently Asked Questions on Section 369

What exactly does IPC Section 369 punish?+
It punishes kidnapping or abducting a child under 10 years with the specific intention of dishonestly taking movable property from the child's person, with imprisonment up to 7 years plus fine.
Is Section 369 a bailable offence?+
No, it is non-bailable.
Can Section 369 cases be settled directly?+
No, it is a non-compoundable offence.
Does the property need to actually be stolen for this offence to be complete?+
No, the offence is complete upon the kidnapping/abduction being carried out with the requisite intent, regardless of whether the theft was actually completed.
What age threshold applies to this section?+
The child must be under 10 years of age for this specific section to apply.
What is the difference between this section and general kidnapping under Section 363?+
Section 363 addresses kidnapping generally; Section 369 addresses the specific, aggravated scenario of kidnapping a child under 10, with the specific intent to steal property from that child.
Does this section apply if a young child is kidnapped for a different reason?+
No, this section specifically requires theft-related intent; kidnapping for other purposes would fall under different, applicable provisions.
Which court tries a Section 369 case?+
Magistrate First Class.
Is Section 369 often charged with other offences?+
Yes, potentially with theft-related provisions (Sections 378-379) if the property was actually taken, and with the Protection of Children from Sexual Offences (POCSO) Act or Juvenile Justice Act provisions where applicable to the specific facts.
Is Section 369 IPC still valid after the BNS came into force?+
IPC Section 369 continues for offences before 1 July 2024; after that, Section 97 BNS applies with the same punishment.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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