Section 97 BNS: Kidnapping or abducting child under ten years of age with intent to steal from its person

Bharatiya Nyaya Sanhita, 2023

Section 97 BNS at a Glance

Section 97 BNS deals with kidnapping or abducting child under ten years of age with intent to steal from its person. It is non-bailable and cognizable, triable by Magistrate of the first class; it replaced Section 369 IPC on 1 July 2024.

Punishment

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

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

Section 369 →

Section 97 BNS Bare Act Text

97. Kidnapping or abducting child under ten years with intent to steal from its person

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 97, Bharatiya Nyaya Sanhita, 2023

Section 97 BNS in Simple Words

Section 97 of the Bharatiya Nyaya Sanhita (BNS) deals with a specific form of kidnapping or abduction. It applies when a person kidnaps or abducts any child under ten years of age with the intention of dishonestly taking any movable property from the person of that child. The law treats this as a serious offence because the child is too young to protect themselves, and the act is tied to dishonest gain. This section applies to anyone who kidnaps or abducts such a child if the purpose is to steal from the child's person.

For example, it covers taking a child's ornaments, money, or other valuables worn or carried by the child after removing the child from a place. The prosecution must show both the act of kidnapping or abduction and the specific intent to steal from the child's person. Its practical value is to punish conduct that combines child vulnerability with theft-related intent, even if the theft itself is not completed.

Ingredients of Section 97 BNS

  • Kidnapping or abducting any child under ten years of age
  • Intention of taking dishonestly any movable property from the person of such child
  • Preservation of imprisonment of either description extending up to seven years and liability to fine under Section 97 BNS

Punishment Under Section 97 BNS

Imprisonment

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

Fine

Liable to fine

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

Section 97 BNS punishes kidnapping or abducting any child under ten years of age with intent to steal from the child's person with imprisonment of either description extending up to seven years, and the offender is also liable to fine. Cases are cognizable and non-bailable, triable by a Magistrate of the first class, and the offence is not compoundable.

Example of Section 97 BNS

Near a busy bus stand in Gwalior, Suresh observed seven-year-old Rohit wearing a silver bracelet while walking with his aunt. Suresh deceitfully enticed Rohit away by offering sweets and led him behind an abandoned warehouse. Suresh intended to take the silver bracelet dishonestly from the wrist of Rohit and make off with it. Local bystanders noticed Suresh leading the crying child away and intercepted him before the bracelet could be removed. Because Suresh kidnapped a child under ten years of age with the intention of dishonestly taking movable property from the child's person, Suresh is liable under Section 97 BNS.

When Section 97 BNS Does Not Apply

  • The child was ten years of age or older at the time of the alleged act
  • There was no kidnapping or abduction of the child
  • The accused had no intention of dishonestly taking movable property from the person of the child
  • The property intended to be taken was not on the person of the child

Section 97 BNS in the IPC (Previous Law)

Section 97 BNS replaces Section 369 IPC from the old criminal code.

Section 369 IPC is now Section 97 BNS. The statutory text and punishment remain identical in substance, while the section heading in the new code adds the words of age.

View IPC Section 369 →

FAQs on Section 97 BNS

Does Section 97 BNS apply if the child was not physically harmed?▼

Yes. Physical injury is not required. The offence focuses on the kidnapping or abduction of a child under ten with intent to steal from the child's person.

What must the prosecution prove under Section 97 BNS?▼

The prosecution must prove the child's age, the act of kidnapping or abduction, and the accused's intention to dishonestly take movable property from the child's person at the time of the act. Mere presence near the child is not enough.

Is an actual theft necessary for Section 97 BNS to apply?▼

Not always. The key is the intention to steal from the child's person. If the surrounding facts show that intent clearly, liability can arise even if the theft was not completed.

What replaced Section 369 IPC in the BNS?▼

This offence is enacted in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 97 BNS. The substance of the offence remains the same, so older legal references are now read with the new code.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·