BNS Section 137 – Kidnapping

IPC Section – 359 – 361- 363

Cognizable offence
punishable with imprisonment for seven years and fine

Kidnapping

(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 below the age of eighteen years or any person with mental illness, out of the keeping of the lawful guardian of such child or person with mental illness, 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 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 below the age of eighteen years, 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.

Example:
Vijay entices Rakesh’s son with ice cream to leave his house and accompany him in his car away from home. Rakesh will be punished for the offence of kidnapping.

Kidnapping (BNS-137)

1. What is Kidnapping?

Kidnapping is classified into two types:

• Kidnapping from India:
  Forcibly or unlawfully conveying a person beyond the borders of India without their consent or the consent of someone legally authorized to consent on their behalf.
• Kidnapping from Lawful Guardianship:
  Taking or enticing a child below 18 years or a person with mental illness out of the lawful care of their guardian without the guardian’s consent.

2. Key Elements of Kidnapping

a. Kidnapping from India

• Beyond Indian Territory: The person must be taken out of India.
• Lack of Consent: The act must be done without the consent of the person or their legal representative (e.g., a parent or guardian for a minor).
• Example: Taking someone to a foreign country without their approval or authorization.

b. Kidnapping from Lawful Guardianship

• Age or Mental Condition: The victim must be a child below 18 or a person with mental illness.
• Without Guardian’s Consent: The act must be done without the consent of the lawful guardian, even if the victim goes willingly.
• Example: Luring a minor away from their parent’s custody without permission.

3. Punishment

• Imprisonment: Up to 7 years (rigorous or simple).
• Fine: The offender is also liable to pay a fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Bailable: The accused can claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

5. Purpose of the Law

• The law aims to protect the rights and welfare of vulnerable groups, such as minors and persons with mental illness.
• It emphasizes the importance of consent in determining whether an act constitutes kidnapping.

Summary of Kidnapping