Kidnapping is a serious crime that strikes at the very core of individual freedom and personal safety . Recognizing the evolving nature of such crimes in modern India, the government replaced the colonial-era Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS) in 2023. Within this legal framework, Section 137 BNS lays down comprehensive provisions concerning kidnap offenses.

This section defines kidnapping as taking a person from India without consent or taking a minor or a person of unsound mind from the lawful custody of their guardian. It not only mirrors earlier IPC provisions but also refines them for clarity and stronger enforcement.

The inclusion of Section 137 BNS signifies the government's commitment to protecting vulnerable sections of society especially children and mentally ill individuals. It brings together all kidnapping-related offenses into a single, unified structure while specifying penalties and legal procedures that make it easier for law enforcement and the judiciary to act. Explore other important Judiciary Notes.

Section 137 BNS 

 Kidnapping

(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 someone legally authorized 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 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 a 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download PDF on Section 137 BNS

Section 137 BNS Simplified Interpretation

Section 137 BNS defines kidnapping as the unlawful taking of a person either outside India or from the care of a lawful guardian. It aims to protect individuals who may not be able to protect themselves, such as children and those with mental illnesses.

• Kidnapping from India refers to taking someone outside the country without their consent or the consent of someone legally authorized to act on their behalf. This form of kidnap might occur in cases of human trafficking or unlawful relocation.
• Kidnapping from lawful guardianship involves enticing or forcibly removing a child (under 18 years) or a person of unsound mind from their lawful guardian without permission. This includes guardians appointed by law or entrusted by families or institutions.

The explanation clarifies that lawful guardians are not limited to biological parents. This ensures protection for adopted children, foster children, or mentally challenged individuals under institutional care.

The exception clause ensures that good faith actions, such as a biological father claiming custody of an illegitimate child, are not considered criminal unless done for illegal purposes.

The section 137 BNS punishment includes imprisonment up to seven years along with a fine. The offense is cognizable, allowing police to arrest without a warrant. It is also bailable, meaning bail can be granted, and triable by a Magistrate of the first class.

Section 137 BNS Essential Elements

For an offense to fall under Section 137 BNS, the following essential elements must be present:

• Act of Taking or Enticing: The accused must have actively taken or persuaded the victim away from their country or guardian.
• Lack of Consent: There must be no valid consent from the person themselves (in the case of adults taken abroad) or their lawful guardian (in case of children or mentally unsound persons).
• Victim Classification:
• For Section 137(1)(a): The victim is taken beyond Indian borders.
• For Section 137(1)(b): The victim is a child (under 18) or a person of unsound mind.
• Unlawful Intent: The motive must not be in good faith or lawful unless proven otherwise.

These elements ensure that under Section 137 BNS, any unauthorized removal of a vulnerable individual qualifies as kidnap, triggering legal consequences under the kidnapping section in IPC and now BNS.

Section 137 BNS Nature and Scope

Section 137 BNS applies to both domestic and international kidnapping. It consolidates and strengthens previous laws from the IPC kidnapping section and ensures clarity.

It is cognizable, allowing police to take immediate action without a magistrate’s permission. Being bailable, the accused can apply for bail, especially in first-time or low-risk offenses. The offense is triable by a Magistrate of the first class, ensuring timely adjudication . These features highlight its semi-serious classification under criminal law .

The section 137 2 BNS punishment focuses on a maximum term of seven years of imprisonment and a fine, providing courts discretion based on the severity of the case.

Additionally, under Section 137 2 BNS, protections are built into the law to distinguish genuine custody disputes from criminal acts, especially in the case of illegitimate children or mental health care.

This updated approach in Section 137 of BNS 2023 modernizes the legal system’s response to kidnapping.

Before BNS, similar conduct was covered under Indian Penal Code (IPC). The transition to Section 137 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 137 BNS Judicial Interpretation

The judiciary has consistently upheld the seriousness of kidnapping offenses especially involving minors and vulnerable individuals. Courts have stated that consent of the child is not sufficient—guardian consent is key.

In several rulings, courts clarified that even if a minor willingly leaves with an adult, if the guardian’s consent was not obtained, it amounts to kidnapping under Section 137 BNS.

In cases involving mentally unsound individuals, the courts have been even more cautious, ensuring that their legal protection is upheld regardless of perceived consent.

The courts also make nuanced judgments about good faith exceptions, especially in custody disputes, taking into account the intent behind the act.

Thus, judicial interpretations have consistently reinforced the protections embedded under Section 137 BNS and its connection to the original kidnapping section in IPC.

Section 137 BNS Landmark Cases

The landmark cases relating to section 137 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• S. Varadarajan v. State of Madras (1964): The Supreme Court ruled that mere willingness of a minor does not amount to consent. Guardian consent is necessary.
• State of Haryana v. Raja Ram (1973): Held that even if a girl leaves home willingly, the act is kidnapping if done without guardian approval—relevant for Section 137 2 BNS.
• Kedar Nath v. State of West Bengal (1953): The court ruled in the case of Kedar Nath that removal of a person of unsound mind without legal authority is kidnapping under law.
• Thakorlal D. Vadgama v. State of Gujarat (1973): The court emphasized that intent plays a key role in deciding Section 137 BNS punishment.
• Queen Empress v. Gour Gopal Das (1892): Early case highlighting unlawful removal of a minor girl. The precedent laid a foundation for both IPC and BNS kidnapping section punishment.

Section 137 BNS Impact

The implementation of Section 137 BNS has led to more precise handling of kidnap cases in India. Law enforcement now has a better legal tool to act swiftly against abductors, especially in cases involving minors or persons of unsound mind.

The law ensures that every case is evaluated for intent, consent, and guardian authority. By consolidating various kidnapping IPC sections into a unified format, the BNS provides a clearer understanding for judges, lawyers, and the public.

The inclusion of modern terms and clarity around section 137 BNS bailable or non bailable, and scope for international abductions, shows the law’s modernization.

As social and family structures evolve, this law strikes a balance between protecting vulnerable people and preventing misuse in legitimate custody matters.

Conclusion 

In conclusion, Section 137 BNS represents a significant evolution in India’s legal response to kidnapping. By replacing older IPC laws with a simplified and detailed framework, the BNS 2023 strengthens legal protection for children and mentally unsound persons.

Whether it’s section 137 BNS bailable or non bailable (it is bailable) or section 137 2 BNS triable by which court (by Magistrate First Class), the law is both user-friendly and effective.

With punishment extending to seven years under section 137 BNS punishment, it treats the offense with seriousness while allowing legal flexibility through its exceptions and good-faith clauses.

By defining under section 137 2 BNS both national and international scope, this law protects against cross-border abductions too. Its emphasis on consent and guardian rights reflects both ethical and legal progress.

Thus, Section 137 BNS is a well-structured, modern response to the age-old crime of kidnapping.