Indian Penal Code, 1860
Section 364
repealedKidnapping or abducting in order to murder
Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Why this exists
This provision targets kidnapping or abduction that is a step toward an even more serious crime, murder. It exists to punish the dangerous intent behind the abduction itself, even if the murder is never completed, recognizing that such planning creates a real threat to life. The Bharatiya Nyaya Sanhita, 2023 retains an equivalent provision punishing kidnapping or abduction done with intent to murder.
How courts read it
Courts require clear evidence of the specific intention to murder or endanger life at the time of the kidnapping or abduction; mere kidnapping without proof of this murderous intent falls under lesser provisions instead.