Bharatiya Nyaya Sanhita, 2023 — Section 97
Kidnapping or Abducting Child Under Ten Years of Age With Intent to Steal From Its Person
Section 97 punishes kidnapping or abducting any child under the age of ten years, with the intention
of dishonestly taking any movable property from the person of that child. Punishment is imprisonment of
either description 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 97 to old IPC Section 369, and cross-checked directly against the bare
text of both Acts.
| BNS section | IPC, 1860 equivalent | Category |
|---|
| 97 | 369 | Exact |
Comparing the two texts word for word, Section 97 is reproduced without any substantive change from
old IPC Section 369.
Quick Reference
Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:
Section 97: punishment — “Imprisonment for 7 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Magistrate of the first class.”
Compoundable: Not listed in either compounding table of BNSS S.359.
Statutory Text (Verbatim)
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.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Kidnapping or abducting a child under ten to steal from its person
Explanation (Lexovia's Commentary)
Section 97 addresses a specific, narrow scenario: kidnapping or abducting a child under ten years
of age not for the purposes covered elsewhere (such as compelling marriage or illicit intercourse),
but with the specific intention of dishonestly taking movable property from the child's person
— for example, jewellery the child is wearing. The offence turns on this particular intent at
the time of the kidnapping or abduction, regardless of whether the property is actually taken.
Illustration (Lexovia's Own Example)
A kidnaps Z, a child aged eight who is wearing gold jewellery, with the intention of dishonestly
taking the jewellery from Z's person. A is liable under Section 97, regardless of whether A
succeeds in actually taking the jewellery.
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Related / Cross-Referenced Sections
Section 96 (Procuration of child) and Section 98 (Selling child for purposes of prostitution, etc.),
both part of the same sub-topic on offences against children.
FAQs
Must the property actually be taken for the offence to be complete?
No. The offence is made out by the kidnapping or abduction done with the intention of
dishonestly taking the property — the property need not actually be taken.
Does Section 97 apply to children of any age?
No. It applies specifically to a child under the age of ten years.
Is this offence bailable?
No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by a Magistrate of
the first class.
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