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BNS 2024ACTIVE FRAMEWORK
Section 145
Kidnapping or Abducting in Order to Subject Person to Grievous Hurt, Slavery, etc.
Replaces colonial-era: IPC 367
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 367 to BNS 145.
2
Covers kidnapping for grievous hurt, slavery, and unnatural lust.
3
10-year maximum preserved.
THE STATUTE
The Clause
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Legal Commentary
Section 145 creates an aggravated form of kidnapping/abduction — where the purpose is to expose the victim to grievous hurt, slavery, or sexual exploitation. This provision is broader than kidnapping for ransom (Section 142) in that monetary demands are not required; what elevates the offence is the intended fate of the victim. The section is commonly used in conjunction with trafficking provisions (Section 143) and sexual offence provisions when women or children are abducted for forced marriage, domestic servitude, or sexual exploitation. The 'knowing it to be likely' standard means prosecutors do not need to prove specific intent — knowledge of the probable consequence suffices.
Case Simulations
"Abducting a woman from a rural area with intent to sell her into forced domestic servitude — Section 145."
"Kidnapping a person to hand over to a sadistic criminal for torture — Section 145."
Expert Insights
Section 143 covers the full spectrum of trafficking by any means. Section 145 specifically covers kidnapping or abduction (physically taking someone) with the intent to subject them to grievous hurt, slavery, or sexual exploitation. Both may be charged for the same facts.