Section 137 BNS: Kidnapping from India and Lawful Guardianship
Section 137 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines kidnapping and recognizes two distinct forms: kidnapping from India and kidnapping from lawful guardianship. The section also explains who may be treated as a lawful guardian, provides a limited good-faith custody exception, and prescribes punishment for kidnapping.
The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, apart from the separately notified exception concerning Section 106(2), came into force on July 1, 2024.
Text of Section 137 of the Bharatiya Nyaya Sanhita, 2023
Section 137 - Kidnapping.
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
(a) Kidnapping from India: 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) Kidnapping from lawful guardianship: 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" include any person lawfully entrusted with the care or custody of such child or other person.
Exception: Clause (b) does not extend to the act of a 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 the 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.
Section 137 BNS at a glance
| Law | Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Section | 137 |
| Two kinds of kidnapping | Kidnapping from India and kidnapping from lawful guardianship |
| Maximum imprisonment | Imprisonment of either description for up to seven years |
| Fine | The offender is also liable to fine |
Kidnapping from India under Section 137(1)(a)
Kidnapping from India occurs when a person is conveyed beyond the limits of India without that person's consent, or without the consent of a person legally authorised to consent on that person's behalf.
The principal elements are:
- A person is conveyed beyond the territorial limits of India.
- The required consent is absent.
- The absence of consent may relate either to the person conveyed or to a person legally authorised to consent on that person's behalf.
Kidnapping from lawful guardianship under Section 137(1)(b)
This form of kidnapping applies where a person takes or entices a child or a person of unsound mind out of the keeping of that person's lawful guardian without the guardian's consent.
The essential elements are:
- The person taken or enticed is a child or a person of unsound mind.
- The person is taken or enticed out of the keeping of the lawful guardian.
- The lawful guardian has not consented.
Meaning of lawful guardian under Section 137 BNS
For Section 137(1)(b), the expression "lawful guardian" is wider than a biological or formally appointed guardian. The statutory Explanation includes any person who has been lawfully entrusted with the care or custody of the child or other person concerned.
Good-faith custody exception
Section 137 contains a limited exception to kidnapping from lawful guardianship. It applies where a person in good faith believes himself to be the father of an illegitimate child, or in good faith believes himself to be entitled to the lawful custody of the child.
The exception does not apply where the act is committed for an immoral or unlawful purpose. The good-faith belief and the purpose of the act are therefore material when this exception is relied upon.
Punishment under Section 137(2) BNS
A person who kidnaps another person from India or from lawful guardianship may be punished with imprisonment of either description for a term extending up to seven years and is also liable to fine.
Difference between kidnapping and abduction under the BNS
Section 138 BNS separately defines abduction. A person abducts another when, by force, the person compels another to go from any place, or by deceitful means induces another person to go from any place.
Section 137, by contrast, specifically identifies kidnapping from India and kidnapping from lawful guardianship. The statutory ingredients are therefore different and must be examined separately.
Related BNS provisions
- Section 138 - Abduction
- Section 139 - Kidnapping or maiming a child for purposes of begging
- Section 140 - Kidnapping or abducting in order to murder or for ransom, etc.
- Section 135 - Assault or criminal force in attempt to wrongfully confine a person
- Section 136 - Assault or criminal force on grave provocation
Official legal sources
For authoritative statutory material, refer to the official India Code text of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs portal for the new criminal laws.