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Bharatiya Nyaya Sanhita, 2023 Chapter VI · Of Offences Affecting the Human Body — Of Kidnapping, Abduction, Slavery and Forced Labour
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Bharatiya Nyaya Sanhita, 2023 — Section 137

Kidnapping

Section 137 defines kidnapping in two forms — kidnapping from India, and kidnapping a child or person of unsound mind from lawful guardianship — and punishes either form with imprisonment up to seven years and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 137's sub-section (1) to a merger of old IPC Sections 359 (the general "kidnapping" definition), 360 (kidnapping from India), and 361 (kidnapping from lawful guardianship), and sub-section (2) to old IPC Section 363 (punishment for kidnapping). Cross-checked directly against the bare text of all four IPC sections.

BNS itemIPC, 1860 equivalentCategory
137(1)359, 360 & 361Merged, with a substantive change
137(2)363Exact

Sub-section (1) folds the old three-section structure (a general definition, plus two separate operative sections) into a single sub-section with lettered clauses (a) and (b). Comparing clause (b) to old IPC Section 361 word for word: old IPC Section 361 defined the protected person as "any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind." Clause (b) of this section instead refers to "any child" — and this project's own local copy of the Bharatiya Nyaya Sanhita defines "child" (Section 2(3)) as any person below the age of eighteen years, without any distinction by sex. The age threshold for boys has therefore been raised from under sixteen to under eighteen, and the differential age treatment by sex has been removed in favour of a single, uniform under-eighteen threshold. Sub-section (2) is reproduced without any change from old IPC Section 363.

Quick Reference

Sub-section (1) is purely definitional and carries no independent entry in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Sub-section (2)'s punishment: imprisonment for 7 years and fine (the statute itself: imprisonment of either description up to seven years, and fine) — cognizable, bailable, and triable by a Magistrate of the first class.

Statutory Text (Verbatim)

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

(a) 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;

(b) 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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Item 1 — The two kinds of kidnapping

Explanation (Lexovia's Commentary)

Sub-section (1) defines kidnapping in two distinct forms. Clause (a), kidnapping from India, requires conveying a person beyond India's limits without valid consent — it applies to any person, regardless of age. Clause (b), kidnapping from lawful guardianship, applies only to a child (any person under eighteen) or a person of unsound mind, and requires taking or enticing them out of their lawful guardian's keeping without that guardian's consent. The Explanation broadens "lawful guardian" to include anyone lawfully entrusted with the child's care, even without formal legal guardianship. The Exception protects a person acting in good faith as the believed father, or believed lawful custodian, of an illegitimate child, unless the act was for an immoral or unlawful purpose.

Illustration (Lexovia's Own Example)
A, a distant relative, takes a 15-year-old child away from the child's mother's home without the mother's consent, intending to keep the child with him. Since the child is under eighteen and was taken out of the lawful guardian's keeping without consent, A has kidnapped the child from lawful guardianship under clause (b), regardless of the child's sex.

Item 2 — Punishment for kidnapping

Explanation (Lexovia's Commentary)

Sub-section (2) prescribes the general punishment for either form of kidnapping defined in sub-section (1): imprisonment of either description up to seven years, and the offender is also liable to fine. More specific and more severely punished forms of kidnapping for particular purposes are dealt with in the sections that follow.

Illustration (Lexovia's Own Example)
Continuing the example above, A is convicted of kidnapping the child from lawful guardianship. A is liable under sub-section (2) to imprisonment which may extend to seven years, and is also liable to a fine.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 137 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

S. Varadarajan v. State of Madras, 1965 AIR 942 : 1965 SCR (1) 243 (Supreme Court of India, decided 9 September 1964, J.R. Mudholkar, K. Subba Rao & M. Hidayatullah, JJ.)

Quoted Paragraph (Verbatim)
“… where the minor alleged to have been taken by the accused person left her father's protection knowing and having capacity to know the full import of what she was doing voluntarily joins the accused person. In such a case we do not think that the accused can be said to have taken her away from the keeping of her lawful guardian. Something more has to be shown … that is some kind of inducement held out by the accused person or an active participation by him in the formation of the intention of the minor to leave the house of the guardian.”
What This Judgment Means (Lexovia's Commentary)

A young woman left her father's house of her own accord and married the accused; the prosecution alleged he had kidnapped her from her father's lawful guardianship. The Supreme Court acquitted him, holding that “taking” a minor out of lawful guardianship under this section requires the accused to have induced or actively participated in forming the minor's decision to leave — where the minor, capable of understanding what she was doing, leaves voluntarily and only afterward joins or is helped by the accused, there is no “taking” within the section's meaning. Mere accompanying, or assisting after the fact, is not enough.

Currency check: decided 1964; still the core, unqualified test for this limb of kidnapping, applied without reformulation in the decades since. No overruling found in this review.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Does the consent of the child itself matter for kidnapping from lawful guardianship?

No. What matters under clause (b) is the consent of the lawful guardian, not the child's own consent, since a child is not treated in law as capable of validly consenting to being taken out of guardianship.

Does kidnapping from India apply only to children?

No. Clause (a), kidnapping from India, applies to any person conveyed beyond India's limits without valid consent — it is not limited to children or persons of unsound mind, unlike clause (b).

Is every form of kidnapping punished the same way?

Sub-section (2) sets the general punishment (up to seven years and fine) for either kind of kidnapping defined here. Later sections in this Chapter prescribe more severe punishment where kidnapping or abduction is committed for specific aggravating purposes.

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