137. (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.
BNS Section 137: Kidnapping
Section 137 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping. It replaces IPC 359, IPC 360, IPC 361, IPC 363 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 137(2) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 137(2) | Kidnapping. | Imprisonment for 7 years and fine. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 137
IPC sections replaced
- IPC 359: Kidnapping
- IPC 360: Kidnapping from India → BNS 137(1)
- IPC 361: Kidnapping from lawful guardianship → BNS 137(1)
- IPC 363: Punishment for kidnapping → BNS 137(2)
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