Indian Penal Code, 1860
Section 363
repealedPunishment for kidnapping
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.
Why this exists
This is the general punishment provision for the basic kidnapping offences defined in sections 360 and 361. It exists to provide a standard deterrent penalty for kidnapping in its plain form, before considering aggravating circumstances covered by later, more serious sections. The Bharatiya Nyaya Sanhita, 2023 has a corresponding punishment provision for simple kidnapping.
How courts read it
Courts apply this section as the baseline punishment whenever kidnapping is proved but none of the specific aggravating intentions in sections like 363A, 364, 364A, 365, or 366 are established.