Bharatiya Nyaya Sanhita: 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 authorised 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.

Simplified Explanation

Section 137 of the Bharatiya Nyaya Sanhita, 2023 deals with the crime of kidnapping.

Section 137 – Kidnapping

(1) Types of Kidnapping:

Kidnapping is classified into two types:

1. Kidnapping from India:
   • This occurs when a person conveys (takes or moves) any person beyond the limits of India without the consent of:
     • The person being taken, or
     • Someone legally authorized to give consent on their behalf (such as a guardian or legal representative).
2. Kidnapping from Lawful Guardianship:
   • This occurs when a person:
     • Takes or entices a child or a person of unsound mind out of the custody of their lawful guardian without the consent of that guardian.
   • Explanation: The term “lawful guardian” includes any individual who is lawfully entrusted with the care or custody of the child or person of unsound mind.
   • Exception: This provision does not apply if the person who takes or entices the child believes in good faith that they are the father of an illegitimate child, or that they have the lawful right to the custody of the child, unless the act is done for immoral or unlawful purposes.

(2) Punishment for Kidnapping:

• Whoever commits kidnapping from India or from lawful guardianship shall be punished with:
  • Imprisonment of either description for a term that may extend to seven years, and
  • A fine.

Key Points:

• Kidnapping from India involves taking a person outside the country without consent, while kidnapping from lawful guardianship involves taking a person (usually a child or person with unsound mind) away from their lawful guardian’s custody.
• The punishment for both forms of kidnapping is significant, with up to seven years of imprisonment and a fine.
• The exception for cases involving the belief of a lawful right to custody is important, though it does not apply when the act is done for immoral or unlawful purposes.

This section aims to protect individuals, particularly vulnerable groups like children or those with mental disabilities, from being taken without proper consent, whether within India or across borders.