Indian Penal Code, 1860
Section 367
repealedKidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
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.
Why this exists
This section addresses kidnapping done for the purpose of enabling other grave harms, serious physical injury, enslavement, or sexual abuse of an unnatural kind, treating the abduction itself as a serious crime because of the danger it sets in motion. The Bharatiya Nyaya Sanhita, 2023 retains an equivalent provision covering abduction for these aggravated purposes.
How courts read it
Courts require evidence of the specific intent or reasonable knowledge that the victim would be subjected to grievous hurt, slavery, or unnatural sexual abuse at the time of the kidnapping or abduction, distinguishing this from simple kidnapping without such aggravating purpose.