Section 101 BNSS: Power to compel restoration of abducted females

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 101 BNSS at a Glance

Section 101 BNSS deals with power to compel restoration of abducted females. It replaced Section 98 CrPC on 1 July 2024.

Was CrPC

Section 98 →

Section 101 BNSS Bare Act Text

101. Power to compel restoration of abducted females

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Source: Section 101, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 101 BNSS in Simple Words

Section 101 BNSS applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose.

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

When Section 101 BNSS Applies

  • Section 101 BNSS applies upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child.
  • The abduction or unlawful detention must be for any unlawful purpose.
  • A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make the order.
  • The order is for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child.
  • The Magistrate may compel compliance with such order, using such force as may be necessary.

Time Limits Under Section 101 BNSS

  • Section 101 BNSS provides for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child.Act text: “make an order for the immediate restoration of such woman to her liberty”

Example of Section 101 BNSS

Rohan makes a complaint on oath before a District Magistrate of the unlawful detention of Ananya, a woman, by Vikram for an unlawful purpose. The District Magistrate may make an order for the immediate restoration of Ananya to liberty, and may compel compliance with such order, using such force as may be necessary.

When Section 101 BNSS Does Not Apply

  • Section 101 BNSS speaks of restoration upon complaint of abduction or unlawful detention of a woman or a female child. It does not deal with a search for a person wrongfully confined, the subject of Section 100 BNSS.

Section 101 BNSS in the CrPC (Previous Law)

Section 101 BNSS replaces Section 98 CrPC from the old criminal code.

Section 101 BNSS has the same heading as Section 98 CrPC. Section 101 BNSS does not repeat the words under the age of eighteen years after a female child, which Section 98 CrPC had. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 101 BNSS has no word husband in the list of persons to whom such female child is restored, which Section 98 CrPC had. The rest of Section 101 BNSS reads the same as Section 98 CrPC.

View CrPC Section 98 →

FAQs on Section 101 BNSS

Which Magistrates may order restoration under Section 101 BNSS?▼

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order under Section 101 BNSS, upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child, for any unlawful purpose.

To whom is a woman or a female child restored under Section 101 BNSS?▼

Under Section 101 BNSS the order is for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child.

How is an order under Section 101 BNSS enforced?▼

The Magistrate may compel compliance with such order, using such force as may be necessary.

What changed from Section 98 CrPC to Section 101 BNSS from 1 July 2024?▼

Section 101 BNSS has the same heading as Section 98 CrPC. Section 101 BNSS reads a woman, or a female child for any unlawful purpose where Section 98 CrPC read a woman, or a female child under the age of eighteen years for any unlawful purpose. Under Section 2(2) BNSS, child has the meaning given in Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a person below the age of eighteen years. Section 101 BNSS reads to her parent, guardian or other person having the lawful charge of such child where Section 98 CrPC read to her husband, parent, guardian or other person having the lawful charge of such child. The rest of Section 101 BNSS reads the same as Section 98 CrPC.

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

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·