BNS Section 137

Section 137 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of 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.

Key Points of BNS-137
 

1. Two Types of Kidnapping:
    

   • BNS-137 classifies kidnapping into two types:
      

     • Kidnapping from India
        

     • Kidnapping from lawful guardianship
        

2. Kidnapping from India:
    

   • Definition: This occurs when someone forcibly or unlawfully conveys a person beyond the borders of India without the consent of that person or without the consent of someone who is legally authorized to consent on behalf of that person.
      

     • Key Elements:
        

       • Beyond Indian Territory: The act must involve moving the person out of the country.
          

       • Lack of Consent: The act must be done without the person's consent or without the consent of someone who is authorized to give consent (for example, a parent or legal guardian for a minor).
          

   • Example: Taking someone to a foreign country without their approval or authorization is considered kidnapping from India.
      

3. Kidnapping from Lawful Guardianship:
    

   • Definition: This involves taking or enticing away a child below the age of eighteen years or any person with a mental illness, out of the lawful care of their guardian without the guardian's consent.
      

     • Key Elements:
        

       • Age or Mental Condition: The person kidnapped must be a child under 18 years old or someone with a mental illness.
          

       • Without Consent of Guardian: The offender takes the person away without the legal guardian's permission, even if the person goes willingly.
          

   • Example: A person luring a minor away from their parent's custody without permission is considered kidnapping from lawful guardianship.
      

4. Punishment for Kidnapping:
    

   • Imprisonment: The punishment for kidnapping, whether from India or lawful guardianship, can be imprisonment for a term that may extend to seven years.
      

   • Fine: In addition to imprisonment, the offender is also liable to a fine.
      

5. Important Points:
    

   • Kidnapping from India involves crossing national boundaries without consent, while kidnapping from lawful guardianship deals with taking minors or mentally ill individuals from their legal protectors.
      

   • In both cases, consent (either of the person or their guardian) is a key factor that distinguishes legal action from kidnapping.
      

   • The law aims to protect the rights and welfare of vulnerable groups like minors and individuals with mental illnesses.
      

Summary:

BNS-137 addresses kidnapping in two forms: kidnapping from India and kidnapping from lawful guardianship. The former involves taking a person beyond Indian borders without consent, while the latter concerns unlawfully taking minors or mentally ill persons from their guardians. Both offenses are punishable by up to seven years of imprisonment and a fine.

Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.