# Section 137 of BNS: Legal Protections Against Kidnapping

**URL:** <https://citizen.complainthub.org/t/section-137-of-bns-legal-protections-against-kidnapping/17108>\
**Category:** Social and Economic Awareness\
**Tags:** section137, bhartiyanyayasanhita\
**Created:** [February 7, 2025, 1:59am UTC](https://citizen.complainthub.org/t/section-137-of-bns-legal-protections-against-kidnapping/17108 "2025-02-07T01:59:59Z")\
**Posts on this page:** 1\
**Page:** 1

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**Post date:** [February 7, 2025, 2:00am UTC](https://citizen.complainthub.org/t/section-137-of-bns-legal-protections-against-kidnapping/17108/1 "2025-02-07T02:00:00Z")

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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.

 ![image](https://citizen.complainthub.org/uploads/default/original/2X/9/98162dde519703a219334291d2a1f672b94f3490.jpeg)