Bharatiya Nyaya Sanhita, 2023
BNS Section 97
Kidnapping or abducting child under ten years of age with intent to steal from its person
In one line
BNS Section 97 deals with kidnapping or abducting child under ten years of age with intent to steal from its person and replaces IPC 369.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 97 | Kidnapping or abducting a child under ten years with intent to steal from its person. | Imprisonment for 7 years and fine. | Cognizable. | Non-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 97
97. Kidnapping or abducting child under ten years of age with intent to steal from its person.
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.
Frequently asked
What was BNS Section 97 in the IPC?
BNS Section 97 (Kidnapping or abducting child under ten years of age with intent to steal from its person) replaces Section 369 of the Indian Penal Code, 1860. IPC 369 is now BNS 97.
What is the punishment under BNS 97?
Kidnapping or abducting a child under ten years with intent to steal from its person – 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 non-bailable, triable by magistrate of the first class.
Is BNS 97 bailable?
Non-bailable: BNS 97. 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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Nearby BNS sections
- BNS 92 — Causing death of quick unborn child by act amounting to culpable homicide
- BNS 93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- BNS 94 — Concealment of birth by secret disposal of dead body
- BNS 95 — Hiring, employing or engaging a child to commit an offence
- BNS 96 — Procuration of child
- BNS 98 — Selling child for purposes of prostitution, etc
- BNS 99 — Buying child for purposes of prostitution, etc
- BNS 100 — Culpable homicide
- BNS 101 — Murder
- BNS 102 — Culpable homicide by causing death of person other than person whose death was intended