Section 137 of the Bharatiya Nyaya Sanhita (BNS) defines kidnapping as either taking a person beyond India’s borders without consent or unlawfully removing a child or person of unsound mind from their lawful guardian.
This section ensures that individuals, especially minors and vulnerable persons, are protected from illegal removal or abduction.
Types of Kidnapping:
Kidnapping from India occurs when a person is taken beyond the country’s borders without their consent or without the consent of their legal guardian.
Kidnapping from lawful guardianship occurs when a child or a person of unsound mind is taken away from their legal guardian without permission.
Exception:
If a person believes in good faith that they are the father of an illegitimate child or that they have a right to the child’s custody, their act does not qualify as kidnapping unless it is for an unlawful or immoral purpose.
Punishment:
Whoever commits kidnapping from India or from lawful guardianship shall be punished with imprisonment of up to seven years and a fine.
How It Protects:
This section protects minors, individuals with disabilities, and other vulnerable persons from unlawful abduction.
It ensures that parents, guardians, and caretakers retain rightful custody and prevents cross-border abductions.
Example:
If a person takes a child abroad without the consent of their parents, they are guilty of kidnapping from India.
Similarly, if someone takes a minor away from their legal guardian without permission, it is kidnapping from lawful guardianship.
