BNS Section 97 – Kidnapping or abducting child under ten years with intent to steal from its person

Amit Kapoor04 mins

IPC Section – 369

Cognizable offence
punishable with imprisonment for seven years and
with fine.

Kidnapping or abducting child under ten years with intent to steal from its person

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.

Key Points of BNS-97

Section BNS-97 addresses the crime of kidnapping or abducting a child under ten years old with the intent to steal from them. Below are the important points and definitions related to this offense:

Key Points

  • Offense Definition: The law defines the act of kidnapping or abducting a child under the age of ten, with the specific intent to steal property from that child.
  • Target Age: The provision specifically protects children under ten years old, recognizing their vulnerability and the need for special protection.
  • Intent to Steal: The key element of this offense is the intention to take movable property dishonestly from the child. This distinguishes it from other forms of kidnapping.
  • Punishment: Individuals found guilty of this offense may face imprisonment for up to seven years, along with the possibility of a financial penalty (fine).
  • Protection of Minors: The law is designed to protect young children from exploitation and harm, particularly from theft and other criminal activities.

Definitions

  • Kidnapping/Abduction: These terms refer to the unlawful taking away or confinement of a person against their will. In this context, it specifically applies to children.
  • Child: For the purposes of BNS-97, a child is defined as anyone under the age of ten years.
  • Movable Property: Refers to any physical property that can be moved, such as toys, money, or personal belongings, as opposed to immovable property like land or buildings.

Summary of BNS-97:

  • Offense: Kidnapping or abducting a child under ten years old with intent to steal from the child.
  • Punishment: Imprisonment for up to 7 years and a fine.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Magistrate of the First Class.

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