BACK TO SECTIONS(2002) 8 SCC 68
IPC 1860REPEALED
Section 360-374
Kidnapping from India; Kidnapping from Lawful Guardianship; Kidnapping to Murder; Kidnapping for Ransom; Kidnapping to Confine; Kidnapping to Compel Marriage; Selling Minor for Prostitution; Trafficking; Habitual Dealer in Slaves; Unlawful Compulsory Labour
Replaced by: BNS BNS 137-146
Non-Bailable (serious forms)Cognizable: YesCourt of Session
THE STATUTE
Original Text
Section 364A: 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 other person to pay ransom... shall be punished with death, or imprisonment for life, and shall also be liable to fine. Section 370: Whoever, for the purpose of exploitation, recruits, transports, transfers, harbours or receives a person or persons, by using threats, or force, or any other form of coercion, or by abduction... commits the offence of trafficking of persons.
Simplified
Sections 360–374 address the full spectrum of kidnapping and its most serious variants, plus trafficking. Section 364A (kidnapping for ransom — added 1993, in response to high-profile kidnapping epidemics) carries the death penalty — one of the few non-murder offences with a capital punishment option. Section 366 (kidnapping to compel marriage or to induce sexual intercourse — 10 years) is extensively used in honour crime cases and forced marriage prosecutions. Section 370 (trafficking — inserted 2013) is India's comprehensive human trafficking provision, covering recruitment, transport, and receipt for exploitation using threats, coercion, abduction, fraud, or abuse of power. Section 370A addresses trafficking victims — exploitation of a trafficked person carries even higher penalties. Section 372/373 (selling/buying minors for prostitution — 10 years) address child sexual exploitation at the transactional level. Section 374 (unlawful compulsory labour) criminalises bonded labour.
Legal Evolution
Section 370's comprehensive trafficking provision was inserted in 2013 following widespread concern about human trafficking for sexual exploitation and forced labour. The Immoral Traffic (Prevention) Act 1956 continues to operate alongside Section 370.
Landmark Precedents
State of Punjab v. Rajesh Syal (2002)
RELEVANCE
Section 364A (kidnapping for ransom) is attracted even before the actual payment of ransom — the threat itself and detention constitute the offence.
Practical Scenarios
"Kidnapping a businessman's child and demanding ₹5 crore ransom with death threats — Section 364A (death penalty / life imprisonment)."
"Recruiting young women from villages with false job promises and transporting them to another city for sexual exploitation — Section 370 (trafficking)."
"A family that forces a child bride into marriage against her will — Section 366 + applicable POCSO provisions."
Common Queries
Yes — Section 364A (kidnapping for ransom) provides for the death penalty or life imprisonment when the kidnapper threatens death or causes hurt or death to compel ransom payment.
Yes — Section 370 (trafficking) is a distinct, broader offence that covers recruitment, transport, harbour, and receipt for exploitation. A person can be charged under both Section 363/364 (kidnapping) and Section 370 (trafficking) for the same conduct.