BNS Section 97 : Kidnapping or Abducting a Child Under Ten Years of Age With Intent to Steal From Its Person

Definition of BNS Section 97

Section 97 of the BNS 2023 States:
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 97

Section 97 of the Bharatiya Nyaya Sanhita, 2024, pertains to the act of causing hurt by dangerous means. It criminalises intentionally causing harm using dangerous substances or methods, such as weapons, fire, or corrosive substances like acids. The section recognises that such acts have an aggravated nature because the means employed pose a significant risk to the victim's safety.

The intent to harm and the use of hazardous methods make this offense more severe than simple hurt, warranting stricter punishment to deter such dangerous conduct. The section balances individual safety and public order by imposing penalties on those who threaten others with potentially life-threatening means.

• Illustration of Section 97:
  Imagine a situation where A throws acid on B with the intention of causing harm during a personal dispute. The act of using acid as a weapon qualifies as 'hurt by dangerous means' under Section 97. Here, the use of a corrosive substance increases the severity of the injury and the risk involved, making A liable for a more stringent penalty under this section compared to a scenario where simple hurt is caused without dangerous means. This illustration reflects how the law seeks to address not only the harm caused but also the dangerous nature of the means used.

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