Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Classification of Offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Kidnapping. | Imprisonment for 7 years and fine. | Cognisable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Non-Bailable | Magistrate of the first class. | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
State Amendment
Madhya Pradesh — Offence under section 363 is triable by “Court of Session”.
[Vide Madhya Pradesh Act 2 of 2008, section 4. Published in M.P. Rajpatra (Asadharan) dated 22-2-2008 page 158-158(1).]
Uttar Pradesh — Offence under section 363 is non-bailable.
[Vide Uttar Pradesh Act | of 1984, sec. 12 (w.e.f. 1-5-1984)].
363 IPC Case Laws (Supreme Court and High Courts)
| Shashidhar Purandhar Hegde v. State of Karnataka 2004 Cri. LJ 4677 (SC) |
| A. N Venkatesh v. State of Karnataka 2005 Cri LJ 3732 (SC) |
| Sannaia Subba Rao & Ors vs State Of A.P on 24 July, 2008 |
| Sunil Kumar @ Sudhir Kumar vs The State Of Uttar Pradesh Through on 25 May, 2021 |
| Kuldeep K. Mahato vs State Of Bihar on 6 August, 1998 |
| Kavita Chandrakant Lakhani vs The State Of Maharashtra on 24 April, 2018 |
| Ravi vs The State Of Maharashtra on 3 October, 2019 |
| Jameel vs State Of Maharashtra on 16 January, 2007 |
| Vasant Sampat Dupare vs State Of Maharashtra on 28 October, 2014 |
| Anversinh @ Kiransinh Fatesinh vs The State Of Gujarat on 12 January, 2021 |
| Vikas vs State Of Rajasthan on 16 August, 2013 |
| Akram Khan vs State Of West Bengal on 5 December, 2011 |
FAQs about Section 363 of IPC
The offense of kidnapping occurs when someone kidnaps any person from India or from lawful guardianship without their consent. The act of kidnapping involves taking a person against their will and removing them from their place of residence or lawful custody.
The punishment for kidnapping is imprisonment for a term which may extend up to seven years and a fine. The court may decide the specific duration of imprisonment and the amount of the fine based on the circumstances of the case.
Yes, kidnapping is a cognizable offense, which means that the police can arrest the accused without a warrant and initiate the investigation without a court order.
No, kidnapping is a non-bailable offense. The accused cannot be released on bail by the police. To seek bail, the accused must approach the court.
Read also:- IPC Section 362:- Abduction
