Bharatiya Nyaya Sanhita, 2023
Section 97 BNS: Kidnapping or Abducting Child Under Ten Years with Intent to Steal from Its Person
Section 97 of the Bharatiya Nyaya Sanhita, 2023 punishes kidnapping or abducting a child below ten years of age with the specific intention of dishonestly taking movable property from the person of that child.
Text of Section 97 BNS
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.
What Section 97 BNS Means
Section 97 combines two elements: the kidnapping or abduction of a child under ten years and a specific dishonest intention relating to movable property on the child's person. The offence is therefore not established merely because a child under ten is kidnapped or abducted; the required intent to dishonestly take movable property must also be proved.
Essential Ingredients of Section 97
- The victim must be a child under ten years of age.
- The accused must kidnap or abduct the child.
- The accused must act with the intention of dishonestly taking movable property.
- The movable property must be intended to be taken from the person of the child.
Punishment Under Section 97 BNS
| Offence | Punishment |
|---|---|
| Kidnapping or abducting a child under ten years with intent to dishonestly take movable property from the child's person | Imprisonment of either description up to seven years, and fine. |
Meaning of "Dishonestly" and "Movable Property"
Section 97 uses the expressions "dishonestly" and "movable property" as part of the required criminal intent. Their application must be understood in accordance with the definitions and general provisions of the Bharatiya Nyaya Sanhita, 2023. In a particular case, the prosecution must establish the dishonest intention and identify the movable property said to have been targeted.
Why the Age Limit Matters
Although the BNS generally defines a child as a person below eighteen years, Section 97 uses a narrower age threshold: the victim must be under ten years of age. That specific age requirement is an express ingredient of this offence.
Related BNS Provisions
Section 97 is part of the BNS provisions concerning offences against children. Related provisions include Section 95 BNS, Section 96 BNS, Section 98 BNS, and Section 99 BNS.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 97 in a particular matter depends on the facts, evidence, procedural law, and judicial interpretation.