BACK TO SECTIONS(2002) 8 SCC 68
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 364A to BNS 142.
2
Death penalty preserved — available for kidnapping for ransom resulting in death or even credible death threat.
3
Scope includes compelling governments, foreign states, and international organisations.
THE STATUTE
The Clause
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
Legal Commentary
Section 142 is one of the most severe provisions in the BNS, carrying the death penalty — one of fewer than a dozen non-murder offences in the entire code with this maximum. Kidnapping for ransom is defined broadly: it covers not only traditional hostage-taking with monetary ransom demands, but also politically motivated kidnapping to compel governments, foreign states, international organisations, or individuals to act or abstain from acting. Three elements must be proved: (1) kidnapping or abduction of a person; (2) detention after the initial taking; (3) a threat of death or hurt, or actual hurt or death, to compel ransom or compliance. The Supreme Court in State of Punjab v. Rajesh Syal (2002) held that the offence is complete even before ransom is actually paid — the threat and detention together suffice. This covers corporate kidnappings targeting executives, politically motivated hostage-takings, and organised crime kidnappings targeting wealthy families.
Landmark Precedents
State of Punjab v. Rajesh Syal (2002)
RELEVANCE
Section 364A (now BNS 142) is attracted even before the actual payment of ransom — the threat itself and detention constitute the complete offence.
Case Simulations
"Kidnapping a businessman's child and demanding ₹5 crore ransom with death threats — Section 142, Death/Life."
"Abducting a politician's family member to coerce a state government into releasing a criminal — Section 142."
"An organised crime group kidnapping an executive and holding them pending payment — Section 142."
Expert Insights
No — the court may impose Death or Life Imprisonment. The 'rarest of rare' doctrine applies, and courts assess whether the specific facts warrant capital punishment.
No. The offence is complete upon kidnapping + detention + threat of death or actual hurt. Actual ransom payment or compliance with the demand is not required for conviction.