Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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 authorized 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.
Brief Detail
BNS Section 137 defines two types of kidnapping: (a) kidnapping from India, and (b) kidnapping from lawful guardianship. Kidnapping from India involves conveying a person beyond India's limits without proper consent. Kidnapping from lawful guardianship involves taking or enticing a child or a person of unsound mind away from their lawful guardian without consent. The punishment for kidnapping from India or lawful guardianship is imprisonment for up to seven years and a fine.
Question & Answers
Q1: What are the two kinds of kidnapping defined in BNS Section 137?
A1: The two kinds of kidnapping are: (a) kidnapping from India and (b) kidnapping from lawful guardianship.
Q2: What constitutes kidnapping from India under BNS Section 137?
A2: Kidnapping from India involves conveying any person beyond the limits of India without their consent or the consent of someone legally authorized to consent on their behalf.
Q3: What is kidnapping from lawful guardianship according to BNS Section 137?
A3: Kidnapping from lawful guardianship involves taking or enticing a child or person of unsound mind away from their lawful guardian without the guardian's consent.
Q4: Are there any exceptions to the clause regarding kidnapping from lawful guardianship?
A4: Yes, there is an exception for individuals who in good faith believe themselves to be the father or rightful custodian of an illegitimate child, provided the act is not committed for immoral or unlawful purposes.
Q5: What are the penalties for kidnapping under BNS Section 137?
A5: The penalties for kidnapping from India or from lawful guardianship include imprisonment for up to seven years and a fine.
Example
Example Scenario:
If a person takes a child from their lawful guardian's care without permission and conveys the child beyond India's borders, it constitutes kidnapping from lawful guardianship and from India. The offender could face imprisonment for up to seven years and a fine.
Summary
BNS Section 137 outlines two types of kidnapping: from India and from lawful guardianship. Kidnapping from India involves removing a person beyond India's limits without proper consent. Kidnapping from lawful guardianship involves taking a child or person of unsound mind away from their lawful guardian without consent. The punishment for these offenses includes imprisonment for up to seven years and a fine.
