The Bhartiya Nyay Sanhita (BNS) 2023 is India’s modernized criminal law framework, replacing the Indian Penal Code (IPC), 1860. This change aligns with contemporary legal needs. BNS Section 137 Kidnapping focuses on preventing unlawful abduction and safeguarding minors and vulnerable individuals.
This article explores Section 137 Kidnapping, its meaning, punishment, relevant case laws, and key takeaways.
Understanding BNS Section 137 Kidnapping
Section 137 of the Bhartiya Nyay Sanhita, 2023 defines two types of kidnapping:
- Kidnapping from India: When a person is taken outside India without legal consent.
- Kidnapping from Lawful Guardianship: When a minor (under 18) or a mentally unsound person is taken away from their guardian without consent.
This section ensures protection from unlawful removal and preserves the rights of guardians over minors and dependent individuals.
Punishment Under BNS Section 137 Kidnapping
Those found guilty of kidnapping under this law face:
- Imprisonment of up to 7 years
- Fine
The severity of the punishment depends on the circumstances of the case.
Key Case Laws on BNS Section 137 Kidnapping
1. Queen-Empress v. Gour Gopal Das (1892)
- A minor girl was taken away without the guardian’s consent.
- The court ruled it as kidnapping from lawful guardianship.
- The accused was convicted under the then-existing kidnapping law.
2. State of Haryana v. Raja Ram (1973)
- A man lured a minor girl away from her lawful guardians.
- The Supreme Court ruled that even if a minor leaves voluntarily, it is still kidnapping if the guardian’s consent is absent.
3. S. Varadarajan v. State of Madras (1965)
- A minor willingly left home and married a man.
- The court ruled that if there is no active enticement or force, it may not amount to kidnapping.
Key Takeaways from BNS Section 137 Kidnapping
- Kidnapping does not necessarily involve force; simply taking someone away unlawfully is enough.
- Minors and mentally unsound persons need their guardian’s consent before leaving.
- Cross-border kidnapping (taking someone out of India without permission) is strictly punishable.
- Even if a minor consents, it is still kidnapping if the guardian’s consent is missing.
Short Note on BNS Section 137 Kidnapping
Section 137 Kidnapping defines and penalizes unlawful abduction. It includes kidnapping from India and kidnapping from lawful guardianship. The punishment can extend to 7 years of imprisonment and a fine.
Disclaimer
This article is for informational purposes only. Legal interpretations may vary, and recent judgments can impact the application of Section 137 Kidnapping. Always consult a legal expert for professional advice.
Conclusion
Section 137 Kidnapping plays a crucial role in preventing illegal abductions and ensuring the safety of minors and vulnerable individuals. Understanding legal precedents helps apply this law effectively.
The Bhartiya Nyay Sanhita 2023 is a step toward a more robust and modern legal system, ensuring better protection and justice.
