BNS Section 137- Kidnapping | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 137 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Kidnapping.—(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship— 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; 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.

Procedural Details

Punishment

Imprisonment up to Seven Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Court of Session

Frequently Asked Questions about BNS Section 137

According to the official bare act, this legal offense is defined as: Kidnapping.—(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship— 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; 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.
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Seven Year(s) + Fine
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Cases pertaining to this specific BNS section are triable by the Court of Session.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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