Bharatiya Nyaya Sanhita, 2023

BNS Section 137

Kidnapping

In one line

BNS Section 137 deals with kidnapping and replaces IPC 359 (now 137(1)), IPC 360 (now 137(1)(a)), IPC 361 (now 137(1)(b)), IPC 363 (now 137(2)).

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
137(2)Kidnapping.Imprisonment for 7 years and fine.Cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 137

137. Kidnapping.

(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.

What changed from the IPC

  • IPC 359 → BNS 137(1): IPC section is included as a sub-section in BNS.
  • IPC 360 → BNS 137(1)(a): IPC section is included as a sub-section in BNS.
  • IPC 361 → BNS 137(1)(b): The IPC section is included as a clause in the BNS.
  • IPC 361 → BNS 137(1)(b): Words "minor under the age of sixteen years of male or under eighteen years of age if a female" are replaced by "child" thus making it gender neutral.
  • IPC 363 → BNS 137(2): IPC section is included as a sub-section in BNS sans heading.

Frequently asked

What was BNS Section 137 in the IPC?

BNS Section 137 (Kidnapping) replaces Sections 359, 360, 361, 363 of the Indian Penal Code, 1860. IPC 359 is now BNS 137(1). IPC 360 is now BNS 137(1)(a). IPC 361 is now BNS 137(1)(b). IPC 363 is now BNS 137(2).

What is the punishment under BNS 137(2)?

Kidnapping – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

Is BNS 137 bailable?

Bailable: BNS 137(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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