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.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- Does the law treat taking a child abroad differently from taking them locally?
- What qualifies as a lawful guardian under this kidnapping provision?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.