About Kidnapping and Abduction Under BNS 2023
The Bharatiya Nyaya Sanhita (BNS) 2023, the offenses of kidnapping Section 137 and abduction Section 138 are clearly defined and categorized. Here is a step-by-step explanation of these offences along with the relevant sections:
Kidnapping: Section 137 Under BNS
- Section 137: This section distinguishes between two types of kidnapping:
- Kidnapping from India: This involves transporting an individual beyond the country’s borders without their consent or the consent of someone legally authorized to act on their behalf.
- Kidnapping from Lawful Guardianship: This entails taking or enticing a child under 18 years or a person of unsound mind away from their lawful guardian without consent. Exceptions are made for individuals acting in good faith, such as those who genuinely believe they are the father of an illegitimate child or entitled to lawful custody.
Abduction: Section 138 under BNS
- Section 138: Abduction is defined as compelling or inducing a person to move from any place through force or deceitful means. This section punishes instances where individuals are forcibly taken against their will.
Kidnapping or Maiming a Child for Purposes of Begging
- Section 139: This section addresses the severe crimes of kidnapping or obtaining custody of a child for the explicit purpose of begging. It also covers the heinous act of maiming a child to exploit them for begging purposes. The penalties are stringent, including rigorous imprisonment for a minimum of ten years and, in the case of maiming, imprisonment extending up to life1.
Kidnapping or Abducting for Murder or Ransom
- Section 140: This section outlines scenarios where individuals may be kidnapped or abducted with the intent of murder, putting them in danger, or demanding ransom. The penalties vary based on the intent and outcome:
- Kidnapping or Abduction with Intent to Murder: Punishable by imprisonment for life or rigorous imprisonment for up to ten years, along with a fine.
- Kidnapping or Abduction for Ransom: If an individual kidnaps or abducts someone, detains them, and threatens to cause death or harm, or gives rise to a reasonable apprehension of such harm, with the aim of compelling the government, foreign state, or other entities to perform or abstain from certain actions, the penalty includes death penalty, life imprisonment, and a fine.
Punishment Provisions
- Section 141: This section covers the punishment for kidnapping or abduction for other purposes, such as forced labor or marriage. The penalties are severe to deter such crimes and protect vulnerable individuals
