BNS Section 97 : Kidnapping or abducting child under ten years with intent to steal from its person .

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Introduction of Section 97 BNS

BNS Section 97 , deals with kidnapping or abducting a child under the age of ten with the intention of stealing from them. The law recognizes that very young children are highly vulnerable and easy targets for criminals. By imposing imprisonment of up to seven years and fine, this section ensures strict punishment for offenders and reinforces the legal protection of children.

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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.

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Bare Act – Section 97 BNS

Text of the Section:
“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 which may extend to seven years, and shall also be liable to fine.”

Who can be punished?
Any person—man, woman, or stranger—who kidnaps or abducts a child below 10 years with the intent to steal movable property from the child (such as jewelry, cash, or toys).

Key Element – Kidnapping or Abduction for Theft
The crime is not just about kidnapping. The intention must be to steal property from the child. Without this intent, Section 97 does not apply.

Age Limit
This section specifically protects children under 10 years because they are especially vulnerable and unable to protect themselves.

Movable Property
The theft must relate to property that the child is carrying or wearing—like money, ornaments, or belongings.

Punishment

• Imprisonment up to 7 years
• Fine, in addition to imprisonment
  This ensures a strict penalty for those who target children for theft.

Why this law is important
Children under 10 are easy targets for criminals. By making this offense cognizable, non-bailable, and non-compoundable, the law ensures that offenders are punished and children are legally safeguarded.

Legal Nature of the Offense

• Cognizable: Police can arrest without a warrant.
• Non-bailable: Bail is not a right; court decides.
• Non-compoundable: The case cannot be settled privately.
• Triable by: Magistrate of the First Class.

Illustrations (Examples)

Example 3 (Not an Offense): A relative takes a child under 10 without permission but without any intention of theft. This may fall under kidnapping provisions, but not Section 97.

Example 1 (Offense): A man abducts a 9-year-old wearing a gold chain with the intent to steal it. He is guilty under Section 97.

Example 2 (Offense): A woman kidnaps an 8-year-old boy carrying money to buy groceries. Her intent to steal makes it punishable.

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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

• Protects Children Under 10 – This law is specifically designed for children below 10 years of age, as they are the most vulnerable and unable to defend themselves.
• Kidnapping + Theft Intent – Both conditions must be met: the child is kidnapped or abducted, and the offender’s intention is to steal property from the child.
• Movable Property – The theft must relate to items the child is carrying or wearing, such as jewelry, cash, toys, or other belongings.
• Imprisonment – The punishment is strict: imprisonment may extend up to 7 years, showing the seriousness of exploiting children for theft.
• Fine – In addition to jail time, courts may impose a fine, which adds a financial penalty for the offender.
• Cognizable Offense – Classified as cognizable, meaning police can arrest the accused without a warrant to ensure quick action.
• Non-Bailable – The crime is non-bailable, so the accused cannot get bail as a matter of right. Release is possible only if the court allows.
• Non-Compoundable – The offense cannot be settled privately between victim and offender. A proper trial in court is mandatory.
• Trial by Magistrate – Cases under Section 97 are tried by a Magistrate of the First Class, ensuring the offense is handled by a competent judicial authority.
• Long-term Impact – A conviction leaves behind a criminal record, leading to social stigma and potential restrictions on civil rights such as government jobs or licenses.

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BNS 97 Punishment

The punishment under Section 97 BNS is imprisonment for up to seven years and a fine. The offense is treated seriously as it combines kidnapping with theft against vulnerable children.

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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.

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Bharatiya Nyaya Sanhita Section 97

Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Trial By
97	Kidnapping/abducting a child under 10 years with intent to steal from them	Cognizable	Non-bailable	Non-compoundable	Imprisonment up to 7 years + fine	Magistrate of the First Class

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Comparison Between BNS Section 97 and IPC Equivalent

Points	BNS Section 97	IPC Section 369
Provision	Kidnapping or abducting a child under 10 with intent to steal movable property from them	Same – kidnapping a child under 10 with intent to steal property
Age Limit	Applies to children under 10 years	Same – applies to children under 10 years
Intention	Theft of movable property from the child	Same requirement – intent to steal
Punishment	Imprisonment up to 7 years + fine	Imprisonment up to 7 years + fine
Legal Nature	Cognizable, non-bailable, non-compoundable	Cognizable, non-bailable, non-compoundable
Trial Court	Magistrate of the First Class	Magistrate of the First Class
Framework	BNS, 2023 (modern law)	IPC, 1860 (colonial framework)

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

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BNS Section 97 FAQs

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Conclusion

Section 97 BNS provides vital protection to children under 10 years by criminalizing kidnapping for theft. By making it a cognizable, non-bailable, and non-compoundable offense with up to seven years of imprisonment, the law emphasizes the seriousness of exploiting minors and ensures that offenders face strict legal consequences.”

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