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Introduction of Section 97 BNS

BNS Section 97 deals with the offense of kidnapping or abducting a child under ten years of age with the intent to steal from them. This law is designed to protect young children from being taken away for the purpose of theft, especially when it involves stealing movable property directly from the child.



What is section 97 of BNS ?

BNS Section 97 specifically addresses the crime of kidnapping or abducting a child under ten years of age with the intent to steal any movable property from the child. The section outlines the punishment for this offense, which includes imprisonment for up to seven years and a fine. The offense is considered cognizable, non-bailable, and non-compoundable, meaning it is a serious crime and cannot be settled privately.


BNS Section 97 - Kidnapping or Abducting a Child Under Ten
BNS Section 97: Legal provisions on kidnapping or abducting a child under ten with intent to steal.

BNS Section 97 in Simple Points

Protects Young Children:
This section is designed to protect children under ten years old from being kidnapped or abducted for theft.

Theft from Children:
It criminalizes the act of taking a child to steal any movable property from them.

Severe Penalties:
Offenders face imprisonment for up to seven years and may also be fined.

Police Powers:
The offense is cognizable, allowing the police to arrest the accused without a warrant.

No Bail:
The crime is non-bailable, meaning the accused cannot be released on bail as a right.


Section 97 BNS Overview

BNS Section 97 punishes anyone who kidnaps or abducts a child under ten years of age with the intention of stealing any movable property from the child. The offense is punishable with imprisonment, which can extend to seven years, and the offender is also liable to a fine.

BNS Section 97 Key Point

  1. Scope of the Section:
    BNS Section 97 covers the act of kidnapping or abducting any child who is under ten years of age. This includes physically taking a child away from their guardian or home.
  2. Intention to Steal:
    The crime is characterized by the intent to steal movable property from the child. This means that the abductor plans to take items like cash, jewelry, or other possessions from the child.
  3. Imprisonment:
    If found guilty, the offender can face imprisonment for a term that may extend up to seven years. This is to ensure that the severity of the crime is met with appropriate punishment.
  4. Fine:
    In addition to imprisonment, the offender is also liable to pay a fine. This serves as an additional deterrent and a means of penalizing the offender.
  5. Cognizable Offense:
    The crime is classified as cognizable, meaning that the police can arrest the accused without needing a warrant. This facilitates prompt action by law enforcement.
  6. Non-Bailable:
    The offense is non-bailable, which means that the accused cannot secure bail as a matter of right. This ensures that individuals charged with this crime are held accountable without immediate release.
  7. Non-Compoundable:
    The offense is non-compoundable, meaning it cannot be settled through an agreement or compromise between the accused and the victim. This emphasizes the seriousness of the crime.
  8. Trial by Magistrate:
    The case is triable by a Magistrate of the first class, reflecting the seriousness of the offense and the need for a judicial process to determine guilt.
  9. Protection of Children:
    The section aims to protect children, who are particularly vulnerable to exploitation and theft. It underscores the legal system’s commitment to safeguarding their welfare.
  10. Legal Implications:
    Conviction under this section has long-term legal implications for the offender, including a criminal record and potential loss of civil rights.

BNS 97 Punishment

Imprisonment:
If found guilty, the offender can face imprisonment for a term that may extend up to seven years. This is to ensure that the severity of the crime is met with appropriate punishment.

Fine:
In addition to imprisonment, the offender is also liable to pay a fine. This serves as an additional deterrent and a means of penalizing the offender.


BNS Section 97 outlines the punishment for kidnapping or abducting a child to steal from them.
Legal consequences for kidnapping a child under ten with the intent to steal.

BNS 97 bailable or not ?

BNS Section 97 is non-bailable. This means that the accused cannot be released on bail as a matter of right. The severity of the crime ensures that the accused remains in custody while awaiting trial.


Bharatiya Nyaya Sanhita Section 97

BNS SectionDescriptionCognizable/Non-CognizableBailable/Non-BailableCompoundable/Non-CompoundablePunishmentTrial By
Section 97Defense of Property: This section allows individuals to use reasonable force to protect their property from harm or theft.CognizableBailableCompoundableImprisonment: If found guilty, the offender can face imprisonment for a term that may extend up to seven years. Fine: In addition to imprisonment, the offender is also liable to pay a fine.Magistrate of the First Class
Bharatiya Nyaya Sanhita Section 97

The Bharatiya Nyaya Sanhita (BNS) Section 97 replaces the old Indian Penal Code (IPC) Section 369.


BNS Section 97 FAQs

What does BNS Section 97 address?

What is the age limit mentioned in BNS Section 97?

The section applies to children under ten years of age.

BNS Section 97 Bailable Who conducts the trial under BNS Section 97?


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