Introduction of Section 137 BNS
BNS Section 137 deals with the crime of kidnapping, which is classified into two categories: kidnapping from India and kidnapping from lawful guardianship. It outlines the act of taking a person out of India without their consent or removing a child or person of unsound mind from their guardian without permission. The law provides clear guidelines on what constitutes kidnapping and its associated punishments.
The Bharatiya Nyaya Sanhita (BNS) Section 137 replaces the old Indian Penal Code (IPC) Section 359.
The Bharatiya Nyaya Sanhita (BNS) Section 137(1)(a) replaces the old Indian Penal Code (IPC) Section 360.
The Bharatiya Nyaya Sanhita (BNS) Section 137(1)(b) replaces the old Indian Penal Code (IPC) Section 361.
The Bharatiya Nyaya Sanhita (BNS) Section 137(2) replaces the old Indian Penal Code (IPC) Section 363.
- Introduction of Section 137 BNS
- What is section 137 of BNS ?
- BNS 137 in Simple Points
- Section 137 BNS Overview
- BNS 137 Punishment
- BNS 137 bailable or not ?
- Bharatiya Nyaya Sanhita Section 137
- BNS Section 137 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 137 of BNS ?
BNS Section 137 defines kidnapping as either removing a person from India without consent or taking a child or person of unsound mind away from their lawful guardian without permission. This section also describes exceptions where a person acts in good faith, believing themselves entitled to custody. The punishment for kidnapping can include imprisonment for up to seven years and a fine.

BNS 137 in Simple Points
5 Key Points on BNS Section 137
- Types of Kidnapping:
- Kidnapping from India: Removing a person beyond the borders of India without their consent or the consent of a legal representative.
- Kidnapping from Lawful Guardianship: Taking a child or a person of unsound mind away from their lawful guardian without permission.
- Definition of Lawful Guardian:
- A lawful guardian is anyone who is legally entrusted with the care or custody of a child or person with an unsound mind. This includes parents, legal guardians, or any other person with official custody.
- Good Faith Exception:
- The section provides an exception for individuals who genuinely believe themselves to be the father of an illegitimate child or who believe they are entitled to custody, provided their actions are not immoral or unlawful.
- Punishment:
- Those found guilty of kidnapping may face imprisonment for up to seven years and may also be liable to pay a fine.
- Cognizability and Bailability:
- The offense is cognizable, allowing the police to arrest the accused without a warrant. It is also bailable, meaning the accused can apply for bail.
BNS Section 137(1)(a) – Kidnapping from India
Key Points:
- Definition:
- This provision covers the act of taking a person out of India against their will or without proper consent.
- Consent Requirement:
- It requires the absence of consent from the person being taken out of India, or if they cannot consent, from someone legally authorized to give such consent.
- Scope:
- Applies to any individual who moves another person beyond Indian borders, regardless of the destination.
- Legal Consequences:
- The act is considered kidnapping if it involves crossing international borders without appropriate consent.
- Legal Framework:
- It emphasizes that the act is criminalized under Indian law and is subject to severe penalties.
BNS Section 137(1)(b) – Kidnapping from Lawful Guardianship
Key Points:
- Definition:
- This part addresses the act of removing a child or person of unsound mind from their lawful guardian without consent.
- Types of Victims:
- Includes children and individuals with mental health issues who are under legal care or custody.
- Consent Requirement:
- Requires the absence of consent from the legal guardian of the person being removed.
- Scope of Lawful Guardianship:
- The term “lawful guardian” encompasses anyone legally responsible for the care or custody of the person.
- Legal Framework:
- Ensures that taking someone from their guardian without permission is criminalized and punishable under the law.
BNS Section 137(2) – Punishment for Kidnapping
- Imprisonment:
- The convicted individual can be sentenced to up to seven years of imprisonment.
- Fine:
- In addition to imprisonment, the offender may be subject to a fine. The amount of the fine is not specified in the section but is at the discretion of the court.
Section 137 BNS Overview
BNS Section 137 defines kidnapping as the unlawful removal of a person from India or from the lawful custody of their guardian. It includes two categories: kidnapping from India and kidnapping from lawful guardianship. The section outlines the actions that constitute kidnapping and specifies the associated punishments.
Section 137 Overview – 10 Key Points
- Types of Kidnapping:
- Defines kidnapping from India and kidnapping from lawful guardianship with clear distinctions.
- Legal Definitions:
- Provides clear definitions of what constitutes a lawful guardian and specifies the scope of authority and custody.
- Exceptions:
- Includes an exception for those acting in good faith regarding custody claims, provided they are not committing the act for unlawful purposes.
- Imprisonment:
- Provides for imprisonment up to seven years for those convicted of kidnapping.
- Financial Penalties:
- Offenders may also face a fine, in addition to imprisonment.
- Cognizability:
- The offense is cognizable, meaning that law enforcement can make arrests without needing a warrant.
- Bailability:
- The offense is bailable, allowing the accused to seek bail.
- Non-Compoundable:
- The offense is non-compoundable, meaning it cannot be settled out of court through an agreement between the parties.
- Triable by Magistrate:
- The case is triable by a magistrate of the first class, which indicates the level of court that will handle the trial.
- Lawful Guardian Definition:
- Clarifies the role and responsibilities of a lawful guardian, ensuring that the rights and duties of those in custody are respected under the law.
Examples of BNS Section 137
- Example 1: A person takes a child from India to another country without the consent of the child’s parents. This act is considered kidnapping from India under Section 137.
- Example 2: A person removes a mentally ill individual from their legal guardian’s care without permission. This act is classified as kidnapping from lawful guardianship under Section 137.
BNS 137 Punishment
- Imprisonment:
The punishment for kidnapping can extend to seven years of imprisonment. - Fine:
The offender may also be fined along with or instead of imprisonment.

BNS 137 bailable or not ?
Yes, BNS Section 137 is a bailable offense, meaning the accused can be granted bail and released pending the trial.
Bharatiya Nyaya Sanhita Section 137
Details | Information |
---|---|
Section Number | 137 |
Offense | Kidnapping (From India or Lawful Guardianship) |
Imprisonment | Up to 7 years |
Fine | Applicable |
Cognizable/Non-Cognizable | Cognizable |
Bailable/Non-Bailable | Bailable |
Compoundable/Non-Compoundable | Non-Compoundable |
Triable By | Magistrate of the first class |
Lawful Guardian Definition | Includes anyone legally entrusted with care |
Exceptions | Good faith acts by those who believe they are entitled to custody |
BNS Section 137 FAQs
What is considered kidnapping under BNS Section 137?
Kidnapping includes either taking a person beyond India’s borders without consent or removing a child or person of unsound mind from their lawful guardian without permission.
What is the punishment for kidnapping under BNS Section 137?
The punishment includes imprisonment for up to seven years and a fine.
Is kidnapping under BNS Section 137 a bailable offense?
Yes, it is a bailable offense.
Who qualifies as a lawful guardian under BNS Section 137?
A lawful guardian is anyone legally entrusted with the care or custody of a child or person with an unsound mind.
Are there exceptions to BNS Section 137?
Yes, someone acting in good faith, believing they are entitled to custody (e.g., father of an illegitimate child), is exempt unless the act is for an immoral purpose.
Is kidnapping under Section 137 cognizable or non-cognizable?
It is a cognizable offense, allowing the police to arrest without a warrant.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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