BNS Section 97 : Kidnapping or Abducting a Child Under Ten Years of Age With Intent to Steal From Its Person
Section 97 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It criminalises the act of kidnapping or abducting a child under the age of ten with the intention to steal from the child’s person. This section highlights the specific vulnerability of young children to abduction and theft, providing stringent penalties to deter offenders who prey on minors.
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 Section 97 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS Section 97
Differences Between Section 97 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 97 and its equivalent Indian penal code IPC section 369 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 |
|---|---|---|---|
| 97 | Abetment in India of offences outside India. | 369 | No change. |
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FAQs about Section 97 of the Bharatiya Nyaya Sanhita (BNS)
What is the intent required under Section 97?
The offender must have the intention to cause harm or the knowledge that their actions are likely to cause harm. The use of dangerous means increases the severity, making the intention to harm crucial for invoking this section.
What types of substances or means are considered dangerous under Section 97?
Dangerous means include weapons, corrosive substances (like acid), fire, explosives, toxic chemicals, and firearms. Any method that poses significant risk to life or can cause severe injury falls under this category.
Why does Section 97 impose stricter punishment?
Stricter punishment is imposed because using dangerous means can cause life-threatening injuries or long-term harm. This section deters individuals from committing acts of violence using hazardous methods, thereby protecting public safety.
How does Section 97 differ from simple hurt?
While simple hurt involves minor injuries caused by non-hazardous means, Section 97 deals specifically with hurt caused by dangerous means. The involvement of hazardous methods elevates the severity and punishment.
What is the punishment for violating Section 97?
The punishment under Section 97 typically involves imprisonment, fines, or both. The exact term of imprisonment may depend on the gravity of harm caused and the specific dangerous means used.
Does Section 97 apply to accidental harm?
No, Section 97 applies to intentional harm. Accidental harm caused by dangerous means does not fall under this section unless the offender acted with knowledge or intent to cause such harm.
Can throwing acid on someone invoke Section 97?
Yes, throwing acid or any corrosive substance to cause harm qualifies as an offense under Section 97. The dangerous nature of acid and its potential for severe injury makes it fall within the scope of this section.
