Section 97 BNS delineates the offence wherein an individual kidnaps or abducts any child below the age of ten years, specifically to take dishonestly any movable property from the person of such child. The prescribed punishment for this offence is imprisonment of either description for a term extending to seven years, and the offender shall also be liable to a fine. Explore other important Judiciary Notes.s

Section 97 BNS

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.

Note: “The information provided on Section 97 BNS 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.” 

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Section 97 of Bharatiya Nyaya Sanhita (BNS) deals with the offence of kidnapping or abducting a child below the age of ten years with the intent to steal from the child’s person. This means that if anyone takes away or kidnaps a child under ten, intending to dishonestly take any movable property the child is carrying, such as money, jewellery, or any other item—they are committing a serious offence. 

Section 97 BNS clearly recognises the heightened vulnerability of very young children and seeks to protect them from being exploited. The punishment for such an act includes imprisonment, which may extend up to seven years, along with a fine. 

Section 97 BNS: Essential Elements

For an offence to be punishable under Section 97 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

• Kidnapping or Abduction:

Section 97 of the BNS deals with the offence of "kidnapping or abducting" a child with the motive of stealing from them. This means unlawfully taking a child away from their lawful guardian, or luring them away, without the guardian's consent. It is one of the key elements of Section 97 BNS, as the law seeks to protect young children from being taken advantage of.

• Age of the Child:

Section 97 of the BNS applies strictly to "any child under the age of ten years." This age limit is significant as it recognizes the vulnerability of very young children and provides necessary protection to them.

• Dishonestly Take Movable Property:

This intention must exist at the time of the kidnapping or abduction and is what distinguishes Section 97 of BNS from other forms of child abduction that may lack a motive of theft.

• Movable Property from the Person of Such Child:

The property targeted under Section 97 BNS must be movable property from the person of such child, that is, items the child is carrying or wearing, such as jewellery, money, or belongings. The law focuses on theft from the child directly, not from their home or surroundings, reinforcing the personal nature of the offence.

Section 97 BNS and Section 369 IPC Comparison

Section 97 BNS essentially retains the core of Section 369 of the Indian Penal Code, with no changes being done in the punishment or in the main definition.

Judicial interpretation of Section 97 BNS by Indian courts has been an outlining factor in determining the ambit of section 97 of BNS, mentioned hereinafter are some of the Landmark Judgments :

• M. Veeresh vs State of Karnataka (2021)

In this case, the Karnataka High Court carefully scrutinized the evidence to ensure that every element of Section 369 IPC (now Section 97 of the BNS) is established. A key requirement is that the prosecution must prove the specific intent to dishonestly take movable property from the person of a child under ten years of age. 

Section 97 BNS targets situations where the primary motive behind the kidnapping or abduction is to steal directly from the child, thereby distinguishing it from other offences related to kidnapping.

• Kedar Bai vs State (2011)

The Rajasthan High Court in this case referenced Section 369 IPC (Now Section 97 BNS) which deals with the kidnapping or abduction of a child under ten years of age with the intent to dishonestly take movable property from the child’s person. Although the primary offence under trial was related to narcotics, the case arose during an investigation of a previously registered FIR under Section 369 IPC, (Now Section 97 of BNS) involving the search for an abducted woman. 

This case highlighted how Section 369 IPC (Now Section 97 of the BNS) is triggered by specific intention and not just the act of kidnapping or abduction but with the mens rea of stealing from a child’s person.

Conclusion

Section 97 BNS 2023, which corresponds to the earlier Section 369 of the Indian Penal Code (IPC), stands as an essential legal safeguard aimed at protecting very young children from being exploited through kidnapping or abduction carried out with the specific intent to take movable property from their person dishonestly. It also places importance on proving the accused’s mental state or mens rea, ensuring clear evidence of the dishonest intent behind the act.