Criminal LawSection 137, Bharatiya Nyaya Sanhita, 2023

BNS Section 137

What punishment does the law prescribe for taking a child or adult away without guardian consent?

Short answer

The offender can be jailed for up to seven years and also fined.

In detail

Under the Bharatiya Nyaya Sanhita, kidnapping covers two situations: moving a person out of India without their or an authorized person's consent, and taking a child or a person of unsound mind away from their lawful guardian without permission. The law defines a lawful guardian as anyone legally entrusted with the child's or vulnerable person's care. An exception exists for someone who honestly believes they are the child's father or rightful custodian, unless the act is done for an immoral or illegal purpose. If a person commits either form of kidnapping, the statute mandates imprisonment for a term that may extend to seven years, along with a monetary fine. This penalty applies regardless of whether the victim is taken abroad or simply removed from the guardian's care, emphasizing the seriousness of depriving a guardian of their lawful authority.

Reviewed by LegalX Editorial · 3 September 2026View source

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