BNS Section 137: Kidnapping

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.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.