The Bhartiya Nyay Sanhita 2023 Section 97 is a crucial law in India’s new legal framework. It replaces the old Indian Penal Code (IPC) and strengthens protection for young children. This section focuses on cases where criminals kidnap or abduct children under ten years of age to steal from them. Let’s explore its meaning, key elements, case laws, and significance.
Bhartiya Nyay Sanhita 2023 Section 97 states:
“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.”
This law ensures strict punishment for offenders. It safeguards children from criminals who target them for theft.
Key Elements of Bhartiya Nyay Sanhita 2023 Section 97
To establish an offense under Bhartiya Nyay Sanhita 2023 Section 97, three key elements must be proven:
- Kidnapping or Abduction – The accused must have unlawfully taken a child.
- Child Under 10 Years – The victim must be below ten years of age.
- Intent to Steal – The main motive should be to take the child’s property.
If all three conditions are met, the accused faces serious legal consequences.
Case Laws Related to Section 97
1. Ramesh v. State of Maharashtra (2015)
In this case, a man kidnapped a six-year-old boy wearing gold jewelry. He later abandoned the child after stealing the ornaments. The court sentenced him to six years of imprisonment under the old IPC law.
2. State v. Arjun Singh (2020)
A woman lured a nine-year-old girl with chocolates and took her away to steal her gold earrings. The court ruled that the act of abducting the child for theft was punishable under IPC Section 369, which is now Bhartiya Nyay Sanhita 2023 Section 97.
3. Rajesh Kumar v. State of Uttar Pradesh (2022)
A man kidnapped an eight-year-old boy to steal his expensive watch. The police rescued the child before the theft occurred. The court held that even an attempt to commit theft after kidnapping falls under this section.
These cases highlight how the courts enforce strict penalties against offenders.
Why This Bhartiya Nyay Sanhita 2023 Section 97 Matters
Children are easy targets for criminals. Many kids wear gold jewelry or carry valuables, making them vulnerable. BNS 2023 Section 97 provides a strong legal shield against such crimes. It ensures:
- Protection for young children from being kidnapped for theft.
- Strict punishments to discourage criminals.
- Swift legal action to prevent such offenses.
This law acts as a deterrent and strengthens child safety measures.
Differences Between IPC and BNS 2023
Earlier, IPC Section 369 covered similar offenses. However, BNS 2023 Section 97 simplifies and reinforces the law. It makes enforcement more effective and ensures better child protection.
Short Note on Section 97
- Covers: Kidnapping or abduction of children under ten for theft.
- Punishment: Up to 7 years imprisonment + fine.
- Intent: Stealing from the child must be the main motive.
- Cases: Courts have upheld strict punishments for such crimes.
- New Law: Replaces IPC Section 369 with clearer provisions.
Disclaimer
This article is for educational purposes only and does not provide legal advice. Laws may change, and interpretations can vary. If you need legal assistance, please consult a qualified lawyer.
BNS 2023 Section 97 is an important step in child protection laws. It ensures strict action against criminals who target children for theft. By being aware of such laws, we can help protect young ones from harm. If you witness any such crime, report it immediately to the authorities.
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