BNS Section 137: Kidnapping
Section 137 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. This provision seeks to protect personal freedom and security by criminalising the act of forcibly taking someone from their lawful guardianship or from within India
Definition of BNS Section 137
Section 137 of the BNS 2023 States:
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
Explanation.––The words 'lawful guardian' in this clause include any person lawfully entrusted with the care or custody of such a child or other person.
Exception.—This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) 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.
Explanation and Illustration of BNS Section 137
Section 137 covers two types of kidnappings
Illustrations
Kidnapping from India: If a person kidnaps an adult from India without their consent, they can be charged under this section for kidnapping from India.
Kidnapping from Lawful Guardianship: If someone takes a child away from his parents or guardian without consent, even if the child does not resist, it will be considered kidnapping from lawful guardianship.
This law ensures protection of individuals, especially vulnerable ones like children and people with an unsound mind, from being taken against the will of their guardians or without proper consent.
Key Points in Section 137
- BNS section 137 defines kidnapping as when an individual is forcibly or unlawfully taken outside the borders of India without their consent or the consent of someone authorised to give consent on their behalf, such as a legal guardian
- Some of the key elements that are covered in the section include Indian Borders, Lack of Consent, the individual has not agreed to be taken, nor has someone authorized to give consent, such as a guardian
- Kidnapping from Lawful Guardianship involves taking or enticing a child under 18 years old, or any person with a mental illness, away from their lawful guardian without the guardian's consent.
- It indicates basic characteristics such as age or mental condition, without guardian's consent, where the offender takes the person away without permission, despite the fact that the person voluntarily follows
- Kidnapping from India or lawful guardianship may be held liable for a term of seven years' imprisonment. The court may also issue a fine for the offense.
Differences Between Section 137 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 137 of the Bharatiya Nyaya Sanhita and its equivalent IPC section 359,360,361 and 363 focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 137 (1) | Kidnapping, | 359, | IPC section is included as a sub-section in BNS, Ditto, |
| 137 (1) (a), | Kidnapping from India, | 360, | The IPC section is included as a clause in the BNS. |
| 137 (1) (b) | Kidnapping from lawful guardianship | 361 | Words 'minor under the age of sixteen years of male or under eighteen years of age if a female' are replaced by 'child' thus making it gender neutral, |
| 137 (2) | Punishment for kidnapping. | 363 | IPC section is included as a sub-section in BNS sans heading. |
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FAQs about Section 137 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 137 of the BNS 2023?
Section 137 covers two types of kidnapping: kidnapping from India and kidnapping from lawful guardianship, involving unauthorized removal of a person or a child from a guardian’s custody. The section includes penalties for such offenses
What constitutes kidnapping from India?
Kidnapping from India occurs when a person is forcibly or unlawfully taken beyond India's borders without their consent or the consent of a legally authorized representative
What is kidnapping from lawful guardianship?
This refers to taking or enticing a child under 18 or a mentally ill person away from their lawful guardian without consent. The law protects vulnerable individuals by preventing such acts
How does the law treat consent in kidnapping cases?
If the individual or their lawful guardian does not consent to the removal, the act is considered kidnapping. The law ensures protection, especially for minors and mentally ill persons
What is the punishment for kidnapping under Section 137?
Offenders can face imprisonment for up to seven years, along with a fine, for kidnapping someone either from India or from lawful guardianship
Does Section 137 address abduction within India?
Yes, abduction under Section 137 includes any instance where a person is moved within the country through force, deceit, or coercion without consent, regardless of whether borders are crossed
What happens if a person kidnaps from lawful guardianship for a non-criminal purpose?
The law allows for exceptions if the individual genuinely believes they have the right to the child's custody. However, the act must not be for an immoral or unlawful purpose
