BNS Section 137 — Kidnapping
CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of kidnapping, abduction, slavery and forced labour
Criminal
Summary
Sub-section (1) states that kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
Under clause (a) of sub-section (1), a person is said to kidnap someone from India when they carry that person beyond the borders of India without the consent of that person, or without the consent of someone who is legally authorised to give consent on that person's behalf.
Under clause (b) of sub-section (1), a person is said to kidnap a child or a person of unsound mind from lawful guardianship when they take or entice that child or person out of the keeping of their lawful guardian, without the consent of that guardian.
The Explanation to clause (b) clarifies that the term lawful guardian includes any person who has been lawfully entrusted with the care or custody of the child or other person.
The Exception to clause (b) says that this clause does not apply to 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 a child, unless the act is done for an immoral or unlawful purpose.
Sub-section (2) provides that 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 a fine.
Official Text
(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.
Related Provisions
kidnapping/abduction
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
- SC (2025) Vol.7 p.105 — Supreme Court of India (2025)