OVERVIEW
Section 137 of the Bharatiya Nyaya Sanhita defines the offence of kidnapping. It covers two primary forms of unlawful taking or enticing of a person and prescribes punishment for the same.
The essence of this offence is interference with a person’s liberty in specific legal circumstances.
THE TWO FORMS OF KIDNAPPING
FROM INDIA
When a person is taken or enticed and carried beyond the limits of India, it can potentially amount to kidnapping under law.
The key factor is the movement outside India.
FROM LAWFUL GUARDIANSHIP
When a person, especially a minor, is taken or enticed away from the lawful guardianship of the person entitled to their care.
The focus is on the relationship of guardianship and the circumstances.
FROM INDIA
When a person is taken or enticed and carried beyond the limits of India, it can potentially amount to kidnapping under law.
The key factor is the movement outside India.
FROM LAWFUL GUARDIANSHIP
When a person, especially a minor, is taken or enticed away from the lawful guardianship of the person entitled to their care.
The focus is on the relationship of guardianship and the circumstances.
WHAT COUNTS - AND WHAT DOESN'T?
WHAT CAN AMOUNT TO KIDNAPPING
- Taking or enticing any person
- Movement beyond India
- Taking or enticing from lawful guardianship
- Facts that show the act was without legal authority
WHAT NEEDS CAREFUL ANALYSIS
- Consent of the person involved
- Family disputes and misunderstandings
- Voluntary leaving without inducement or force
- Situations where no legal guardianship is involved
WHAT COUNTS - AND WHAT DOESN'T?
WHAT CAN AMOUNT TO KIDNAPPING
- Taking or enticing any person
- Movement beyond India
- Taking or enticing from lawful guardianship
- Facts that show the act was without legal authority
WHAT NEEDS CAREFUL ANALYSIS
- Consent of the person involved
- Family disputes and misunderstandings
- Voluntary leaving without inducement or force
- Situations where no legal guardianship is involved
WHAT TO DO IF YOU ARE INVOLVED
IF YOU ARE THE ACCUSED
- Understand the allegation properly
- Do not panic or make assumptions.
- Collect relevant facts and documents
- Seek legal advice at the earliest
IF YOU ARE THE VICTIM OR FAMILY
- Record all relevant details
- Preserve communication and evidence
- Approach the authorities
- Consult an experienced lawyer
WHAT TO DO IF YOU ARE INVOLVED
IF YOU ARE THE ACCUSED
- Understand the allegation properly
- Do not panic or make assumptions.
- Collect relevant facts and documents
- Seek legal advice at the earliest
IF YOU ARE THE VICTIM OR FAMILY
- Record all relevant details
- Preserve communication and evidence
- Approach the authorities
- Consult an experienced lawyer
FREQUENTLY ASKED QUESTIONS
Yes. The provision expressly includes a person lawfully entrusted with the care or custody of the child or person of unsound mind.
Yes. The lawful-guardianship provision specifically refers to a child or a person of unsound mind.
Yes. Section 137 specifically refers to the consent of the person or someone legally authorised to consent on that person’s behalf.
Yes. Section 137 contains a specific exception for a person who, in good faith, believes they are the father of an illegitimate child or are entitled to lawful custody, subject to the conditions stated in the provision.
Yes. The legal classification can depend on the complete facts, and other provisions of the BNS may become relevant depending on what occurred. Sections 138–144 address related offences in the same chapter.
IMPORTANT POINTS
- Serious Criminal Offence – Kidnapping under Section 137 is a serious criminal offence.
- Imprisonment – The punishment may extend to 7 years of imprisonment.
- Fine – The offender shall also be liable to pay a fine.
- Case-Specific Punishment – The exact punishment may vary depending on the facts and circumstances of the case.
