Law4u - Made in India

What Is BNS Section 137?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 137: 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 authorized to consent on behalf of that person, is said to kidnap that person from India;

(b) Whoever takes or entices any child or any person of unsound mind out of the keeping of the lawful guardian of such child or person of unsound mind, 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, 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.

Brief Detail

BNS Section 137 defines two types of kidnapping: (a) kidnapping from India, and (b) kidnapping from lawful guardianship. Kidnapping from India involves conveying a person beyond India's limits without proper consent. Kidnapping from lawful guardianship involves taking or enticing a child or a person of unsound mind away from their lawful guardian without consent. The punishment for kidnapping from India or lawful guardianship is imprisonment for up to seven years and a fine.

Question & Answers

Q1: What are the two kinds of kidnapping defined in BNS Section 137?

A1: The two kinds of kidnapping are: (a) kidnapping from India and (b) kidnapping from lawful guardianship.

Q2: What constitutes kidnapping from India under BNS Section 137?

A2: Kidnapping from India involves conveying any person beyond the limits of India without their consent or the consent of someone legally authorized to consent on their behalf.

Q3: What is kidnapping from lawful guardianship according to BNS Section 137?

A3: Kidnapping from lawful guardianship involves taking or enticing a child or person of unsound mind away from their lawful guardian without the guardian's consent.

Q4: Are there any exceptions to the clause regarding kidnapping from lawful guardianship?

A4: Yes, there is an exception for individuals who in good faith believe themselves to be the father or rightful custodian of an illegitimate child, provided the act is not committed for immoral or unlawful purposes.

Q5: What are the penalties for kidnapping under BNS Section 137?

A5: The penalties for kidnapping from India or from lawful guardianship include imprisonment for up to seven years and a fine.

Example

Example Scenario:

If a person takes a child from their lawful guardian's care without permission and conveys the child beyond India's borders, it constitutes kidnapping from lawful guardianship and from India. The offender could face imprisonment for up to seven years and a fine.

Summary

BNS Section 137 outlines two types of kidnapping: from India and from lawful guardianship. Kidnapping from India involves removing a person beyond India's limits without proper consent. Kidnapping from lawful guardianship involves taking a child or person of unsound mind away from their lawful guardian without consent. The punishment for these offenses includes imprisonment for up to seven years and a fine.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Digpal Babubhai Chhatraliya

Advocate Digpal Babubhai Chhatraliya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Trademark & Copyright, Revenue

Get Advice
Advocate Sundar Lal Kol

Advocate Sundar Lal Kol

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Palani Vajravel

Advocate Palani Vajravel

Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Criminal,Cyber Crime,Documentation,Domestic Violence,Family,Landlord & Tenant,Motor Accident,R.T.I,High Court,

Get Advice
Advocate Dinesh Kumar

Advocate Dinesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, GST, Arbitration

Get Advice
Advocate Chandrakala B Advocate Cum Notary Public

Advocate Chandrakala B Advocate Cum Notary Public

Cheque Bounce, Civil, Court Marriage, Criminal, Documentation, Motor Accident, Property, Recovery, Revenue

Get Advice
Advocate A Rajkumar

Advocate A Rajkumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, Property, Succession Certificate, Wills Trusts

Get Advice
Advocate Anant Kumar Roy

Advocate Anant Kumar Roy

Criminal, R.T.I, Domestic Violence, Family, Anticipatory Bail

Get Advice
Advocate Gorav Momiya

Advocate Gorav Momiya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.