Introduction
In this article we will be studying the key sections of the BNS pertaining to kidnapping and abduction, examining definitions, penalties, and exceptions.
Kidnapping from India and Lawful Guardianship (Section 137):
Section 137 of the BNS distinguishes between two types of kidnapping: kidnapping from India and kidnapping from lawful guardianship.
Kidnapping from India involves transporting an individual beyond the country's borders without their consent or the consent of someone legally authorized to act on their behalf.
On the other hand, kidnapping from lawful guardianship entails taking or enticing a child or a person of unsound mind away from their lawful guardian without consent.
The section provides an exception for individuals acting in good faith, such as those who genuinely believe they are the father of an illegitimate child or entitled to lawful custody.
Watch JudiX’s 1 minute video explainer on types of kidnapping under BNS
Abduction (Section 138 of BNS):
Section 138 addresses the offense of abduction, defining it as compelling or inducing a person to move from any place through force or deceitful means. This section punishes instances where individuals are forcibly taken against their will.
Kidnapping or Maiming a Child for Purposes of Begging (Section 139 of BNS):
Section 139 focuses on the severe crimes of kidnapping or obtaining custody of a child for the explicit purpose of begging.
The section also addresses the heinous act of maiming a child to exploit them for begging purposes. The penalties are stringent, including rigorous imprisonment for a minimum of ten years and, in the case of maiming, imprisonment extending up to life.
The presumption is that if someone not lawfully the guardian of a child employs or uses the child for begging, it is assumed they kidnapped or obtained custody for such unlawful purposes.
Kidnapping or Abducting for Murder or Ransom, etc. (Section 140 of BNS):
Section 140 of the BNS outlines scenarios where individuals may be kidnapped or abducted with the intent of murder, putting them in danger, or demanding ransom. The section presents various situations and corresponding penalties:
1. Kidnapping or Abduction with Intent to Murder:
- If a person is kidnapped or abducted with the intention of murdering them or putting them in danger of being murdered, the punishment is imprisonment for life or rigorous imprisonment for up to ten years, along with a fine.
2. Kidnapping or Abduction for Ransom:
- If an individual kidnaps or abducts someone, detains them, and threatens to cause death or harm, or gives rise to a reasonable apprehension of such harm, with the aim of compelling the government, foreign state, or other entities to perform or abstain from certain actions, the penalty is severe. It includes death penalty, life imprisonment, and a fine.
3. Kidnapping or Abduction with Intent to Confine Wrongfully:
- If a person is kidnapped or abducted with the intent of causing wrongful and secretive confinement, the punishment is imprisonment for up to seven years, coupled with a fine.
4. Kidnapping or Abduction for Grievous Hurt, Slavery, or Unnatural Lust:
- If an individual kidnaps or abducts someone with the intent to subject them to grievous hurt, slavery, or unnatural lust, or if they know that such harm is likely, the punishment is imprisonment for up to ten years, along with a fine.
Frequently Asked Questions (FAQs) Based on the Article:
Q1: What are the two types of kidnapping outlined in Section 137 of the BNS?
- A: Section 137 distinguishes between kidnapping from India and kidnapping from lawful guardianship.
Q2: How is kidnapping from India defined in Section 137?
- A: Kidnapping from India involves transporting an individual beyond the country's borders without their consent or the consent of someone legally authorized to act on their behalf.
Q3: What does kidnapping from lawful guardianship entail according to Section 137?
- A: Kidnapping from lawful guardianship involves taking or enticing a child or a person of unsound mind away from their lawful guardian without consent.
Q4: Is there an exception for certain acts related to kidnapping in Section 137?
- A: Yes, the section provides an exception for individuals acting in good faith, such as those who genuinely believe they are the father of an illegitimate child or entitled to lawful custody.
Q5: How is abduction defined in Section 138 of the BNS?
- A: Abduction is defined as compelling or inducing a person to move from any place through force or deceitful means.
Q6: What does Section 139 of the BNS focus on?
- A: Section 139 focuses on severe crimes related to kidnapping or obtaining custody of a child below the age of eighteen for the explicit purpose of begging.
Q7: What penalties are outlined in Section 139 for offenses related to kidnapping or maiming a child for begging purposes?
- A: Penalties include rigorous imprisonment for a minimum of ten years and, in the case of maiming, imprisonment extending up to life.
Q8: What presumption does Section 139 make regarding individuals using a child for begging without lawful guardianship?
- A: It is presumed that if someone not lawfully the guardian of a child employs or uses the child for begging, they kidnapped or obtained custody for such unlawful purposes.
Q9: What scenarios are covered in Section 140 of the BNS related to kidnapping or abduction?
- A: Section 140 outlines scenarios involving kidnapping or abduction with the intent of murder, putting individuals in danger, or demanding ransom.
Q10: What are the penalties for kidnapping or abduction with the intent to murder according to Section 140?
- A: Penalties include imprisonment for life or rigorous imprisonment for up to ten years, along with a fine.
Kidnapping and Abduction under BNS (Bharatiya Nyaya Sanhita) : Notes
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