BNS 137 — Kidnapping.

Bharatiya Nyaya Sanhita, 2023

Statutory text

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.
Abduction.

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