What Is BNSS Section 101?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 101: Power to compel restoration of abducted females

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Brefe Detail

This section empowers certain magistrates to act upon receiving a sworn complaint regarding the abduction or unlawful detention of a woman or a female child under eighteen. The magistrate can order the immediate restoration of the individual to their lawful guardian and may use necessary force to enforce compliance.

Question & Answers

Q1: What does Section 101 address?

A1: It addresses the power of magistrates to compel the restoration of abducted females or female children unlawfully detained.

Q2: Who can make the order for restoration?

A2: A District Magistrate, Sub-divisional Magistrate, or a Magistrate of the first class can make the order.

Q3: What must be provided to initiate action under this section?

A3: A complaint made on oath regarding the abduction or unlawful detention must be provided.

Q4: What is the age limit for female children mentioned in this section?

A4: The age limit for female children mentioned is under eighteen years.

Q5: Can force be used to enforce the order?

A5: Yes, the magistrate may compel compliance with such an order using necessary force.

Example

- Example 1: If a parent reports that their daughter has been abducted, the District Magistrate can order her immediate return to the family and may authorize police to use necessary force if required.

- Example 2: A guardian can approach a Sub-divisional Magistrate if their underage ward is unlawfully detained, prompting the magistrate to order her restoration.

Summary

Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants magistrates the authority to act swiftly to restore abducted females or minors unlawfully detained. It emphasizes the need for a sworn complaint and allows for the use of force to ensure compliance with the restoration order.