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Introduction of BNS Section 97

BNS Section 97 deals with kidnapping or abducting a child under the age of ten with the intent to steal from them. This section punishes such acts with severe consequences, including imprisonment and fines, aiming to protect children from such criminal activities.


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



What is section 97 of BNS ?

BNS Section 97 states that anyone who kidnaps or abducts a child under ten years of age with the dishonest intention of stealing any movable property from them shall be punished. The punishment includes imprisonment for up to seven years and a fine. This law is in place to safeguard vulnerable children from theft-related kidnapping.

BNS Section 97 legal description for kidnapping a child under 10 with intent to steal.
BNS Section 97 – Kidnapping a child under 10 years for theft-related offenses.

BNS Section 97 in Simple Points

Protection for Children Under 10: This section focuses on protecting children under ten years old from being kidnapped for theft.

Intent to Steal: The crime involves not only kidnapping but the intent to steal movable property from the child.

Severe Punishment: The punishment for this crime is imprisonment for up to seven years and a fine, depending on the severity of the offense.

Serious Offense: This crime is considered serious, as it is cognizable (arrest without a warrant) and non-bailable (bail is not granted easily).

Tried by Magistrate: The case is to be tried by a Magistrate of the First Class, ensuring proper judicial process.


Section 97 BNS Overview

BNS Section 97 addresses the crime of kidnapping or abducting a child under the age of ten years with the intention to steal. This law punishes the offender with up to seven years of imprisonment and a fine. It aims to protect children from being targeted by criminals for theft.

BNS Section 97 Overview: 10 Key Points

  1. Child Age Restriction: The victim must be under ten years of age for this law to apply.
  2. Intent Behind the Crime: The section criminalizes the intent to steal any movable property from the child while abducting or kidnapping them.
  3. Imprisonment for Up to Seven Years: The accused may face imprisonment of up to seven years, depending on the gravity of the offense.
  4. Fine Included: Besides imprisonment, the offender is also liable to pay a fine as determined by the court.
  5. Cognizable Offense: Police can arrest the accused without a warrant since it is a cognizable crime.
  6. Non-Bailable: The accused does not have the right to bail easily because of the severity of the crime.
  7. Non-Compoundable: The case cannot be settled out of court between the involved parties.
  8. Tried by a Magistrate: Cases under this section are handled by a Magistrate of the First Class.
  9. Aimed at Child Protection: The primary goal of this law is to protect young children from being exploited for theft-related activities.
  10. Serious Legal Consequences: The punishment reflects the seriousness of the offense, aiming to deter such actions and protect children.

BNS 97 Punishment

  1. Imprisonment: The offender faces up to seven years in prison for kidnapping a child under ten with the intent to steal.
  2. Fine: In addition to imprisonment, the guilty person may also be fined, depending on the court’s decision.

Punishment under BNS Section 97 for kidnapping a child under 10.
Punishment under BNS Section 97 for kidnapping a child under 10

BNS 97 bailable or not ?

No, BNS Section 97 is a non-bailable offense, meaning the accused cannot easily secure bail because of the crime’s seriousness.


Bharatiya Nyaya Sanhita Section 97

SectionDescriptionPunishmentBailableCompoundableTrial By
BNS Section 97Kidnapping/abducting a child under 10 years with intent to steal.Imprisonment up to 7 years & fineNoNoMagistrate of the First Class
Bharatiya Nyaya Sanhita Section 97

BNS Section 97 FAQs

What is BNS Section 97?

What is the punishment under BNS Section 97?

Is BNS Section 97 a bailable offense?

Who is protected under BNS Section 97?

What does “intent to steal” mean in BNS Section 97?

Who can try cases under BNS Section 97?

A Magistrate of the First Class tries cases under this section.


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