| Particular | Details |
|---|---|
| Section | BNS Section 137 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Kidnapping |
| Replaces Old IPC | IPC Section 363 |
| Punishment | Up to 7 years imprisonment and fine |
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
Introduction
BNS Section 137 deals with the offence of kidnapping under the Bharatiya Nyaya Sanhita, 2023. The provision defines two types of kidnapping—kidnapping from India and kidnapping from lawful guardianship. It protects individuals from being unlawfully taken away from their country or from the custody of their lawful guardian.
The section corresponds to the former IPC Section 363 and continues the legal framework relating to kidnapping under Indian criminal law. The law treats kidnapping as a serious offence because it infringes upon personal liberty and the rights of lawful guardians.
In this article, you will learn the meaning of BNS Section 137, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC Section 363.
What is BNS Section 137?
BNS Section 137 defines kidnapping and classifies it into two categories:
- Kidnapping from India.
- Kidnapping from lawful guardianship.
A person commits kidnapping from India by taking another person beyond the limits of India without valid consent. A person commits kidnapping from lawful guardianship by taking or enticing a child or a person of unsound mind out of the custody of their lawful guardian without the guardian's consent.
The objective of the provision is to safeguard personal liberty and protect children and persons of unsound mind from unlawful removal.
Bare Act Text
Kidnapping from India
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.
Kidnapping from Lawful Guardianship
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" include any person lawfully entrusted with the care or custody of such child or other person.
Exception
This provision 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.
Punishment
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.
In Simple Words
BNS Section 137 punishes a person who unlawfully takes someone out of India without proper consent or removes a child or a person of unsound mind from the custody of their lawful guardian without permission. The law is designed to protect vulnerable individuals and prevent unlawful interference with lawful custody.
Essential Ingredients of BNS Section 137
For an offence under BNS Section 137 to be established, the prosecution generally has to prove the following:
For Kidnapping from India
- A person was taken beyond the limits of India.
- The person did not consent to such removal, or valid consent was not obtained from a legally authorised person.
For Kidnapping from Lawful Guardianship
- The victim was a child or a person of unsound mind.
- The victim was under the custody of a lawful guardian.
- The accused took or enticed the victim away.
- The guardian's consent was not obtained.
Punishment Under BNS Section 137
A person convicted under BNS Section 137 may be punished with:
- Imprisonment for a term which may extend to 7 years; and
- Fine.
The punishment applies to both kidnapping from India and kidnapping from lawful guardianship.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | Yes |
| Bailable | Yes |
| Compoundable | No |
| Triable By | Magistrate First Class |
Meaning of the Classification
Since the offence is cognizable, the police may register a case and investigate according to the procedure prescribed by law.
The offence is bailable, which means the accused may obtain bail in accordance with legal provisions.
The offence is non-compoundable and therefore cannot ordinarily be settled privately between the parties.
Cases under BNS Section 137 are triable by a Magistrate First Class.
Bail Under BNS Section 137
BNS Section 137 is a bailable offence.
An accused person may apply for bail and is generally entitled to bail subject to compliance with the conditions imposed by the court. The grant of bail does not affect the merits of the prosecution case.
Which Court Has Jurisdiction?
Offences under BNS Section 137 are triable by a Magistrate First Class.
The trial generally begins after the filing of a complaint or registration of an FIR, followed by investigation, collection of evidence, examination of witnesses, and adjudication by the competent court.
Step-by-Step Legal Process
- Registration of FIR.
- Police investigation.
- Collection of evidence and witness statements.
- Filing of charge sheet.
- Framing of charges.
- Trial before the Magistrate First Class.
- Examination of prosecution witnesses.
- Recording of defence evidence.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the higher court, if applicable.
IPC Section 363 vs BNS Section 137
| Aspect | IPC Section 363 | BNS Section 137 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Kidnapping | Kidnapping |
| Punishment | Up to 7 years and fine | Up to 7 years and fine |
| Nature of Offence | Kidnapping from India or lawful guardianship | Kidnapping from India or lawful guardianship |
BNS Section 137 substantially continues the provisions previously contained in IPC Section 363. The offence, punishment, and legal consequences remain largely unchanged under the new criminal law framework.
Important Case Laws
S. Varadarajan v. State of Madras (1965)
The Supreme Court held that mere accompanying of a minor without active taking or enticing may not amount to kidnapping from lawful guardianship in every case. The facts and circumstances of each case are crucial.
State of Haryana v. Raja Ram (1973)
The Supreme Court explained that the purpose of kidnapping provisions is to protect minors and persons of unsound mind from being removed from lawful custody without the consent of their guardian.
Defences Available to the Accused
Depending upon the facts of the case, the accused may raise the following defences:
- Valid consent was obtained.
- The person taken was not a child or a person of unsound mind.
- The accused had lawful custody rights.
- The statutory exception applies.
- No taking or enticing took place.
- False allegations or mistaken identity.
The success of any defence depends upon the evidence produced before the court.
Real-Life Illustration
Suppose A takes a 15-year-old child away from the lawful custody of the child's parents without their permission and keeps the child at another location. Even if no physical force is used, A may be liable for kidnapping from lawful guardianship under BNS Section 137.
Similarly, if a person takes another individual outside India without valid consent, the offence of kidnapping from India may be attracted.
Conclusion
BNS Section 137 is an important provision dealing with kidnapping from India and kidnapping from lawful guardianship. The law protects personal liberty, safeguards children and persons of unsound mind, and ensures that lawful guardianship rights are respected. A person convicted under this section may face imprisonment of up to seven years and fine. Understanding BNS Section 137 helps individuals understand the legal consequences, bail provisions, punishment, and procedural aspects relating to kidnapping under Indian law.