Kidnapping under Indian law covers any situation where someone is taken somewhere against their will.

Legally, 'kidnapping' only means these two specific situations; other forced movement of a person is called 'abduction' instead, which is defined separately.

Indian Penal Code, 1860

Section 359

repealed

Kidnapping

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.§

Why this exists

This section is a definitional signpost that sets up the two specific offences defined in the following sections (360 and 361). It exists to give a clear legal structure so that later punishment sections can refer back to precise definitions. The Bharatiya Nyaya Sanhita, 2023 continues this same two-category structure for kidnapping.

How courts read it

Courts treat this as purely definitional, always reading it together with sections 360 and 361 which spell out what each type actually means.

Common misconceptions

Myth: Kidnapping under Indian law covers any situation where someone is taken somewhere against their will.
Fact: Legally, 'kidnapping' only means these two specific situations; other forced movement of a person is called 'abduction' instead, which is defined separately.