Section 137 BNS: Kidnapping

Bharatiya Nyaya Sanhita, 2023

Section 137 BNS at a Glance

Section 137 BNS deals with kidnapping. It replaced Sections 360, 361, 359 and 363 IPC on 1 July 2024.

Punishment

None under Section 137(1)(a) BNS, which is a definition clause. Punishment for kidnapping from India is prescribed under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.

IPC Equivalent

Section 360 →

Section 137 BNS Bare Act Text

(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.

Source: Section 137, Bharatiya Nyaya Sanhita, 2023

Section 137 BNS in the IPC (Previous Law)

Section 137 BNS replaced Sections 360, 361, 359 and 363 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 137 BNS

What does Section 137(1)(a) BNS cover?▼

It covers conveying any person beyond the limits of India without the consent of that person, or of someone legally authorised to consent on that person's behalf. The focus is on unlawful removal beyond Indian territory.

Does Section 137(1)(a) BNS apply if the person travelled abroad on their own?▼

No, not if the travel is truly voluntary and with free consent. If consent was obtained by force, threat, or deception, there is no valid consent and the case may still fall within the offence.

Is a child's consent enough under Section 137(1)(a) BNS?▼

No. A child cannot give valid legal consent on their own, so conveying a child beyond the limits of India requires the consent of a person legally authorised to consent on the child's behalf.

Under Section 137(1)(a) BNS, how is kidnapping from India defined and punished?▼

Kidnapping from India is defined in Section 137(1)(a) BNS and is punished under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years, and fine.

What does Section 137 of the Bharatiya Nyaya Sanhita say about kidnapping?▼

Section 137 BNS covers two kinds of kidnapping: kidnapping from India and kidnapping from lawful guardianship. It applies when a person is conveyed beyond India without proper consent, or when a child below 18 years or a person of unsound mind is taken or enticed out of the keeping of their lawful guardian without the guardian's consent.

What has to be proved for kidnapping from lawful guardianship under Section 137(1)(b) BNS?▼

It must be shown that the person taken was a child below 18 years or a person of unsound mind, that they were in the keeping of a lawful guardian, and that they were taken or enticed away without the guardian's consent. The section also says 'lawful guardian' includes any person lawfully entrusted with the care or custody of that child or person.

Is Section 137 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment for kidnapping under Section 137 BNS?▼

The punishment under Section 137(2) BNS is imprisonment of either description for a term which may extend to seven years, and the person shall also be liable to fine. This applies to kidnapping from India as well as kidnapping from lawful guardianship.

Is every taking away of a child treated as kidnapping under Section 137(1)(b) BNS?▼

No, the section itself has a limited exception. It does not extend to a person who in good faith believes he is the father of an illegitimate child, or believes in good faith that he is entitled to the lawful custody of the child, unless the act is done for an immoral or unlawful purpose.

Does Section 137(1) BNS punish kidnapping on its own?▼

No. Section 137(1) BNS defines and classifies the two kinds of kidnapping: kidnapping from India and kidnapping from lawful guardianship. The general punishment for both kinds of kidnapping is provided in Section 137(2) BNS, while aggravated forms are punished in subsequent sections.

Why is Section 137(1) BNS referred to separately from the punishment provision?▼

Because it sets out the legal meaning and essential elements of kidnapping. Courts and lawyers use Section 137(1) BNS to determine whether an act amounts to kidnapping from India or from lawful guardianship before applying the punishment under Section 137(2) BNS or a more specific offence.

What is the difference between Section 137(1) BNS and the punishment provisions?▼

Section 137(1) BNS classifies kidnapping into two kinds and defines when kidnapping from India or from lawful guardianship is made out. Section 137(2) BNS prescribes the punishment for kidnapping, and later sections prescribe higher punishments when kidnapping is committed for specific unlawful purposes.

Is Section 137 BNS in force today?▼

Yes. Section 137 of the Bharatiya Nyaya Sanhita (BNS), 2023 is currently in force and consolidates the classification, definitions, and punishment for kidnapping into a single section.

If a child goes with someone willingly, is Section 137(2) BNS still made out?▼

Yes, it can still apply. The child's willingness does not replace the guardian's consent. If a child below 18 years of age was taken or enticed away from lawful guardianship without the guardian's consent, the offence punishable under Section 137(2) BNS may be proved.

Is force necessary for the offence under Section 137(2) BNS?▼

No, force is not required. For kidnapping from lawful guardianship, the law covers enticement and taking away, so even persuasion or inducement may be enough on the facts. The real issue is unlawful removal from lawful guardianship or conveying a person beyond India without valid consent.

Under Section 137(2) BNS, what is the difference between kidnapping and abduction?▼

Kidnapping under Section 137 BNS covers conveying a person beyond the limits of India without consent, or taking or enticing a child or person of unsound mind from lawful guardianship without the guardian's consent. Abduction under Section 138 BNS involves compelling a person by force, or inducing a person by deceitful means, to go from any place.

Can parents file a case under Section 137(2) BNS against a relative?▼

Yes, they can. If a relative takes a child without the lawful guardian's consent and does not fall within the good faith custody exception in Section 137(1)(b) BNS, the police may register a case. The relationship between the parties does not by itself make the act lawful.

Section 137 BNS: Sub-sections Explained

Section 137(1)(a) BNS: Kidnapping from India

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Bare Act Text

(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.

Explained in Simple Words

Section 137(1)(a) BNS deals with kidnapping from India, which means conveying any person beyond the limits of India without the consent of that person or of some person legally authorised to consent on that person's behalf. In simple terms, if someone is carried or sent beyond India's borders without valid legal consent, this provision applies. It protects personal liberty and prevents the unlawful removal of people from the country.

The law focuses on the act of conveying the person beyond the limits of India without valid consent. In practice, this provision applies in cases involving coercion, deception, or unlawful control over a person's movement across India's borders, and the offence is punishable under Section 137(2) BNS.

Key Ingredients

  • Conveying any person beyond the limits of India
  • Absence of consent of that person or of someone legally authorised to consent on their behalf
  • Codification under clause a of Section 137(1) BNS

Punishment

🔒 None under Section 137(1)(a) BNS, which is a definition clause. Punishment for kidnapping from India is prescribed under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.

💰 None under Section 137(1)(a) BNS. Liability to fine is prescribed under Section 137(2) BNS.

Section 137(1)(a) BNS defines kidnapping from India without prescribing an independent punishment. Penalties for kidnapping from India are prescribed under Section 137(2) BNS, which provides imprisonment of either description up to seven years and fine.

Real-World Example

In Amritsar, Vikram deceitfully secured forged travel documents for Ashok. Against Ashok's explicit refusal to leave the country, Vikram bundled him into an overseas transport vehicle and conveyed him across the international frontier beyond the limits of India without Ashok's consent or the consent of anyone authorised to act for him. Vikram conveyed a person beyond the territorial boundaries of India without lawful consent. Vikram committed kidnapping from India as defined under Section 137(1)(a) BNS, punishable under Section 137(2) BNS.

When This Does Not Apply

  • The person is conveyed only between locations within India without crossing the territorial limits of India
  • The person conveyed gives free and voluntary consent to travel beyond the limits of India
  • A person legally authorised to consent on behalf of that person provides valid consent for the journey

Previous Law

IPC 360 → Section 137(1)(a) BNS

Section 360 IPC is codified as clause a of sub-section 1 of Section 137 BNS. The definition of kidnapping from India, consisting of conveying any person beyond the limits of India without valid consent, is retained without substantive change. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are consolidated into Section 137(1)(a) BNS under the heading Kidnapping.

Section 137(1)(b) BNS: Kidnapping from lawful guardianship

▶

Bare Act Text

(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.

Explained in Simple Words

Section 137(1)(b) BNS defines kidnapping from lawful guardianship. It applies when someone takes or entices any child (a person below eighteen years of age, whether male or female) or any person of unsound mind out of the keeping of their lawful guardian without the guardian's consent.

The Explanation clarifies that the words 'lawful guardian' include any person lawfully entrusted with the care or custody of the child or other person. Under the Exception, this clause does not extend to a person who in good faith believes himself to be the father of an illegitimate child, or in good faith believes himself to be entitled to the lawful custody of such child, unless the act is committed for an immoral or unlawful purpose.

Key Ingredients

  • Taking or enticing any child or any person of unsound mind out of the keeping of a lawful guardian without consent
  • Definition of child as a person below eighteen years of age under Section 2(3) BNS
  • Retention of the Explanation on lawful guardianship and the good faith custody Exception under clause b of Section 137(1) BNS

Punishment

🔒 None under Section 137(1)(b) BNS, which is a definition clause. Kidnapping from lawful guardianship is punished under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.

💰 None under Section 137(1)(b) BNS. Liability to fine is prescribed under Section 137(2) BNS.

Section 137(1)(b) BNS defines kidnapping from lawful guardianship without prescribing a penalty of its own. Punishment for the offence is prescribed under Section 137(2) BNS, which provides imprisonment of either description up to seven years and fine.

Real-World Example

In Ranchi, 15-year-old Bhavna resided under the lawful care of her aunt Rukhsana, who had been entrusted with her custody by Bhavna's parents. Sanjay persuaded Bhavna to leave the hostel and travel with him to a distant city. Sanjay knew Rukhsana had not given consent, yet he arranged transport and took Bhavna away. Because Bhavna was a child below eighteen years of age and was taken out of the keeping of her lawful guardian without the guardian's consent, Sanjay's act constitutes kidnapping from lawful guardianship as defined under Section 137(1)(b) BNS, with penal consequences governed by Section 137(2) BNS.

When This Does Not Apply

  • The person taken is eighteen years of age or above and of sound mind
  • The lawful guardian gave free and valid consent to the young person leaving or accompanying the accused
  • The accused in good faith believes himself to be the father of an illegitimate child or entitled to lawful custody, and the act is not for an immoral or unlawful purpose

Previous Law

IPC 361 → Section 137(1)(b) BNS

Section 361 IPC is codified as clause b of sub-section 1 of Section 137 BNS. Under the IPC, the provision applied to a male under sixteen years of age or a female under eighteen years of age. Under Section 137(1)(b) BNS, this phrasing is replaced by any child. Section 2(3) BNS defines a child as a person below eighteen years of age, so a boy aged sixteen or seventeen is now covered. Within clause b, the statutory wording reads this clause in place of this section, and the consolidated provision sits under the heading Kidnapping in Section 137(1)(b) BNS.

Section 137(1) BNS: Kidnapping

▶

Bare Act Text

(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.

Explained in Simple Words

Section 137(1) BNS defines and classifies kidnapping into two kinds: kidnapping from India under clause (a) and kidnapping from lawful guardianship under clause (b). In simple terms, it sets out when removing a person beyond the limits of India without consent, or taking or enticing a child or a person of unsound mind away from a lawful guardian without consent, amounts to kidnapping.

This sub-section matters because it establishes the legal ingredients of both kinds of kidnapping before the punishment in Section 137(2) BNS or aggravated kidnapping provisions in later sections are applied. For families, guardians, and accused persons, the classification is important because legal liability depends on the exact facts, such as whether the person crossed India's borders, the age or mental soundness of the victim, consent, and who had lawful custody.

Key Ingredients

  • Classification of kidnapping into two kinds under Section 137(1) BNS
  • Kidnapping from India defined under clause a of Section 137(1) BNS
  • Kidnapping from lawful guardianship defined under clause b of Section 137(1) BNS

Punishment

🔒 None under Section 137(1) BNS, which is a classification and definition provision. Punishment for kidnapping is prescribed under Section 137(2) BNS with imprisonment of either description for a term which may extend to seven years.

💰 None under Section 137(1) BNS. Liability to fine is prescribed under Section 137(2) BNS.

Section 137(1) BNS classifies and defines the two kinds of kidnapping without prescribing a punishment of its own. Penalties for kidnapping are set out under Section 137(2) BNS, which provides imprisonment of either description up to seven years and fine, as well as subsequent sections for aggravated offences.

Real-World Example

In Meerut, 15-year-old Rohit lived under the lawful custody and care of his parents. Without the knowledge or consent of Rohit's parents, Vikram enticed Rohit away from the family home and transported him to a different state. The taking away of a child from parental custody falls within the category of kidnapping from lawful guardianship classified under Section 137(1) BNS, as defined in Section 137(1)(b) BNS and punishable under Section 137(2) BNS.

When This Does Not Apply

  • The person leaves India voluntarily with full legal consent, which does not constitute kidnapping from India
  • The person taken from custody is an adult of sound mind, or the lawful guardian consented to the taking
  • Conduct constituting abduction under Section 138 BNS without the elements of kidnapping from India or lawful guardianship

Previous Law

IPC 359 → Section 137(1) BNS

Section 359 IPC is consolidated into sub-section 1 of Section 137 BNS. The two-fold classification of kidnapping into kidnapping from India and kidnapping from lawful guardianship is preserved. In the BNS, Section 359 IPC, Section 360 IPC, Section 361 IPC, and Section 363 IPC are merged into a single comprehensive section titled Kidnapping under Section 137(1) BNS.

Section 137(2) BNS: Punishment for kidnapping

▶

Bare Act Text

(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.

Explained in Simple Words

Section 137(2) BNS prescribes the punishment for kidnapping any person from India or from lawful guardianship. Whoever commits either form of kidnapping defined in Section 137(1) BNS shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Under the BNS, kidnapping from lawful guardianship applies uniformly to any child below 18 years of age, whether boy or girl, as well as any person of unsound mind, when taken or enticed out of the keeping of a lawful guardian without the guardian's consent. Because the law protects the custody of the lawful guardian, the consent of a child does not make the taking lawful.

In practice, Section 137(2) BNS is the charging and punishment provision used in cases of unlawful removal beyond India's borders, missing children, elopement involving minors, and non-consensual taking of children from lawful custody.

Key Ingredients

  • Conveying any person beyond India without authorized consent
  • Taking or enticing a child under eighteen years of age or person of unsound mind from lawful guardianship
  • Absence of consent from the lawful guardian
  • Preservation of the seven-year maximum term of imprisonment and liability to fine under Section 137(2) BNS

Punishment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

🔒 Imprisonment of either description for a term extending up to seven years

💰 Liable to fine

Section 137(2) BNS punishes kidnapping from India or from lawful guardianship with imprisonment of either description for a term extending up to seven years, and the offender is also liable to fine. The offence is cognizable, bailable, and triable by a Magistrate of the first class. It is not compoundable.

Real-World Example

In Kanpur, Ramesh approached fourteen-year-old Farhan outside his school without the knowledge or permission of Farhan's parents. Ramesh induced Farhan to accompany him to an adjoining town by promising him a bicycle. Because Farhan was living under the care of his parents, who had not authorized his departure, Ramesh took the boy out of the keeping of his lawful guardians. Ramesh committed the offence of kidnapping from lawful guardianship punishable under Section 137(2) BNS.

When This Does Not Apply

  • A person of full age and sound mind travels voluntarily beyond India or changes residence
  • A child is taken with the genuine and informed consent of the lawful guardian
  • A person claiming lawful custody acts under a good faith belief without an immoral or unlawful purpose pursuant to the statutory exception
  • Persuasion or interaction occurs without any actual taking or conveying out of the guardian's custody

Previous Law

IPC 363 → Section 137(2) BNS

Section 363 IPC corresponds to Section 137(2) BNS. The statutory punishment of imprisonment of either description for up to seven years and liability to fine is preserved. Under the corresponding definition in Section 137(1)(b) BNS, the term child covers all persons under eighteen years of age, expanding protection for male children aged sixteen and seventeen beyond the previous thresholds under Section 361 IPC.

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·