Kidnapping (BNS-137)

Kidnapping is classified into two types:

1. Kidnapping from India
2. Kidnapping from lawful guardianship

1. Kidnapping from India

This occurs when someone conveys a person beyond the borders of India without the consent of the person or someone legally authorized to consent on behalf of that person.

Key Elements:

• Beyond Indian Territory: The person is taken out of the country.
• Lack of Consent: The act occurs without the person's consent or the consent of a legally authorized individual (e.g., a parent or guardian for a minor).

Example: Taking someone to a foreign country without their approval or authorization is considered kidnapping from India.

2. Kidnapping from Lawful Guardianship

This involves taking or enticing away a child under 18 years old or any person with a mental illness out of the lawful care of their guardian without the guardian's consent.

Key Elements:

• Age or Mental Condition: The person kidnapped must be a child under 18 or someone with mental illness.
• Without Consent of Guardian: The person is taken away from their lawful guardian, even if the person willingly goes.

Example: A person enticing a minor away from their parent's custody without permission is considered kidnapping from lawful guardianship.

3. Punishment for Kidnapping

Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment for a term that may extend up to 7 years and shall also be liable to a fine.

Important Points

• Kidnapping from India: Involves moving a person out of the country without consent.
• Kidnapping from lawful guardianship: Involves unlawfully taking a minor or mentally ill person from their guardian.
• Consent: The absence of consent (either from the person or their guardian) is crucial in defining the act as kidnapping.
• Protection of Vulnerable Groups: The law aims to protect minors and individuals with mental illnesses.

Summary:

BNS-137 addresses two forms of kidnapping: kidnapping from India and kidnapping from lawful guardianship. Both offenses carry a punishment of up to seven years of imprisonment and a fine.

Details of the Offense:

• Offense: Kidnapping
• Punishment: Imprisonment for up to 7 years and a fine
• Cognizable or Non-Cognizable: Cognizable
• Bailable or Non-bailable: Bailable
• By what Court triable: Magistrate of the first class

Example of Kidnapping:

Vijay entices Rakesh’s son with ice cream to leave his house and accompany him in his car. Rakesh will be punished for the offense of kidnapping.