Law Maker

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY · Of criminal force and assault

Section 137: Kidnapping

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

137(1)359. Kidnapping.
137(1)(a)360. Kidnapping from India.
137(1)(b)361. Kidnapping from lawful guardianship.
137(2)363. Punishment for kidnapping.

Questions on this section

4 questions in 14 of our papers cite Section 137. Try these from the free papers:

  1. 1. In S. Varadarajan v. State of Madras (AIR 1965 SC 942), a case of kidnapping from lawful guardianship, the Supreme Court held that

  2. 2. Assertion (A): Under the BNS, a boy aged sixteen years can be kidnapped from lawful guardianship. Reason (R): Section 137(1)(b) BNS applies to any 'child', and Section 2(3) BNS defines 'child' as any person below the age of eighteen years.

Practise questions on Bharatiya Nyaya Sanhita