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.
Simplified Explanation
Section 97 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of kidnapping or abducting a child under the age of ten years with the intent to steal from its person. This provision criminalizes the act of kidnapping or abducting a child for the purpose of theft, such as stealing the child’s belongings, money, or other valuables.
What does Section 97 address?
Section 97 specifically targets the kidnapping or abduction of children under the age of ten years, with the purpose of stealing from the child’s person. This can involve taking the child from a public place, a home, or any other location, with the aim of committing theft or robbery from the child, knowing that the child is vulnerable and unable to defend themselves.
Key Elements of the Offense under Section 97:
- Kidnapping or Abducting a Child Under Ten Years of Age:
- Kidnapping refers to forcibly taking or enticing the child away from their legal guardians or caretakers.
- Abduction involves forcibly or deceitfully taking the child away, with or without the child’s consent, from a place where the child is under the care or protection of a guardian.
- The child must be under ten years of age, making the offense particularly serious due to the vulnerability of young children.
- Intent to Steal:
- The key element is the intent to steal from the child. This involves the criminal’s motive of taking valuables, money, or other personal belongings from the child, knowing that the child is too young to resist or understand the act of theft.
- The theft could involve physical items that the child possesses or could be taking advantage of the child’s inability to protect their own property.
- Vulnerability of the Child:
- The law specifically protects young children who are especially vulnerable to such crimes, recognizing that children under ten years of age are unlikely to have the ability to defend themselves or resist theft effectively.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 97, the offender may face imprisonment for up to 7 years and/or a fine. The penalty reflects the severity of the crime, as it involves both the theft from a child and the kidnapping or abduction, which are grave offenses.
Purpose and Protection:
The primary objectives of Section 97 are:
- Protection of vulnerable children: The section aims to protect children from being exploited, kidnapped, or abducted for the purpose of theft, recognizing their vulnerability.
- Deterrence: By criminalizing this behavior and imposing severe penalties, the law seeks to deter individuals from targeting children for criminal purposes, especially in cases where the child is unable to protect themselves.
- Ensuring accountability: The law ensures that individuals who target children for theft and exploitation face legal consequences for their actions.
Example scenarios under Section 97:
- Scenario 1: A person abducts a young child from a playground with the intent to steal money or valuable items from the child’s pockets or belongings. The offender would be committing an offense under Section 97.
- Scenario 2: A criminal gang kidnaps children under ten years old, with the intent of using them to beg on the streets and steal money or other valuables. This would fall under Section 97 if the primary motive is to steal from the child.
- Scenario 3: An individual lures a child into a secluded area and takes the child’s belongings, such as a bag or jewelry, knowing that the child cannot resist or protect the items. This would constitute theft from a child under ten years old and would be punishable under this section.
In summary, Section 97 criminalizes the kidnapping or abduction of a child under ten years of age with the intent to steal from the child. The law aims to protect young children from exploitation and theft, holding offenders accountable for exploiting the vulnerability of children for criminal gain. The severity of the offense is reflected in the significant penalty of imprisonment and fines.
