Section 137(2) BNS – Kidnapping Law under the BNS, 2023
Section 137(2) BNS
The Section 137(2) BNS has replaced the old section 363 of Indian Penal Code. This deals with the punishment for kidnapping. In this article, we will explain what Section 137(2) of BNS says, what kind of punishment it gives, and why it is important.
What Is Section 137 of BNS?
Section 137 of the Bharatiya Nyaya Sanhita explains the meaning of kidnapping. It divides kidnapping into two types:
(a) Kidnapping from India
(b) Kidnapping from lawful guardianship
Let’s understand both.
Essential Ingredients of 137(2) BNS
This section has four essentials
(1) Taking or enticing away a minor or a person of unsound mind.
(2) Such minor must be under 16 years of age, if a male, or under 18 years of age, if a female.
(3) The taking or enticing must be out of the keeping of the lawful guardian of such minor or person of unsound mind.
(4) Such taking or enticing must be without the consent of such guardian.
Types of Kidnapping Under Section 137(1)
(a) Kidnapping from India
If a person takes someone outside India without their consent, or without the consent of someone legally allowed to decide for them, it becomes kidnapping from India.
(b) Kidnapping from Lawful Guardianship
If a person takes or lures a child or a person of unsound mind away from their guardian without permission, it becomes kidnapping from lawful guardianship.
The law defines "lawful guardian" as anyone who has the legal right to care for or keep the child or person.
There is also an exception. If someone believes in good faith that they are the father of an illegitimate child, or that they have the right to custody of the child, and they do not act for an immoral or illegal reason, then it is not kidnapping under this clause.
What Does Section 137(2) BNS Say?
Now let’s focus on Section 137(2) BNS, which talks about punishment for kidnapping.
“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.”
Simple Meaning of Kidnapping
Section 137(2) BNS says that:
(a) If someone kidnaps a person from India, or from lawful guardianship,
(b) The court can give jail time up to seven years.
(c) The person may also have to pay a fine.
(d) The court can decide whether the jail time will be simple or rigorous (hard labour).
137(2) BNS Bailable of Not ?
Section 137(2) is cognizable and bailable offence. Magistrate of First Class can conduct trial for this offence. During the police investigation the investigation officer can add other sections of BNS, if required.
Why Is Section 137(2) BNS Important?
Section 137(2) BNS protects people, especially children and mentally ill persons, from being taken away without permission. This law:
(a) Stops illegal abduction
(b) Protects children from being taken without consent
(c) Helps parents and guardians feel secure
(d) Gives police and courts a strong legal tool to punish kidnappers
Examples of Kidnapping Under Section 137(2) BNS
Example 1: Kidnapping from India
A man takes a woman abroad without her consent. This is kidnapping from India. He can face up to 7 years in jail and a fine under this section.
Example 2: Kidnapping from Guardianship
A man lures a 14-year-old girl away from her home without her parents’ permission. Even if she agrees to go, it is still kidnapping from lawful guardianship. He can be punished under Section 137(2) BNS.</p>
What Do Courts Consider?
Courts look at:
(a) The age of the person kidnapped (if under 18, consent does not matter)
(b) Whether the guardian gave permission
(c) If the act was done with an immoral or illegal purpose
(d) If the accused acted in good faith
If the act involved bad intention, the court may give stricter punishment.
Section 137(2) BNS vs Old IPC Section 363
Under the Indian Penal Code, Section 363 gave the same punishment for kidnapping. But the language was more complex. The Bharatiya Nyaya Sanhita has made the law easier to read, understand, and apply.</p>
Section 137(2) BNS uses simple and clear terms. It helps judges, police officers, and common people understand the law better.
Summary
Section 137(2) BNS is a powerful legal tool to punish kidnapping. It covers both:
(a) Taking someone out of India without permission
(b) Taking a child or mentally ill person away from their guardian
The law gives courts the power to send kidnappers to jail for up to seven years and impose fines.
This law ensures that people, especially children, are safe and protected. It also shows how the Bharatiya Nyaya Sanhita, 2023, is focused on making justice simpler and stronger for everyone.