If you have landed here searching for what the law actually says about kidnapping in India today, you are in the right place. Since 1 July 2024, the old Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, and the offence of kidnapping now lives under Section 137 BNS. This provision was earlier scattered across Sections 359, 360, 361 and 363 of the IPC, and it has now been consolidated into a single, clearer section.
In this guide, you will get the exact bare act text of Section 137, a plain-language breakdown of both kinds of kidnapping it covers, the punishment prescribed, its bail and trial status, how it differs from abduction, relevant illustrations, and answers to the questions people most often ask lawyers, students and litigants about this section.
What Is Section 137 of the Bharatiya Nyaya Sanhita 2023?
Section 137 BNS defines the criminal offence of kidnapping and lays down the punishment for it. It falls under Chapter VI of the BNS, which deals with offences affecting the human body, specifically the part covering kidnapping, abduction, slavery and forced labour.
In simple terms, the section identifies two distinct situations in which a person is said to be kidnapped:
- Taking someone out of India without proper consent.
- Taking or luring away a child or a person of unsound mind from the lawful custody of their guardian, again without consent.
Both situations attack a person’s liberty and the authority of whoever is legally responsible for their safety, which is why lawmakers treat kidnapping as a serious offence against the human body.
Section 137 BNS: Full Bare Act Text
137. Kidnapping.
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship,
(a) Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.
(b) Whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
Explanation: The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such child or other person.
Exception: This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Breaking Down the Two Kinds of Kidnapping
1. Kidnapping from India (Section 137(1)(a))
This clause applies when someone is physically taken beyond the geographical limits of India without their own consent, or without the consent of a person legally authorised to consent on their behalf. The focus here is entirely on the act of crossing India’s borders. The victim’s age or mental condition does not matter in this clause; what matters is the absence of valid consent.
Illustration: If A forcibly puts B on a flight out of the country without B’s willingness, A has committed kidnapping from India, even if no violence is used and B is an adult of sound mind.
2. Kidnapping from Lawful Guardianship (Section 137(1)(b))
This clause protects two specific categories of people:
- A child, generally understood as a person below the age of 18 years.
- A person of unsound mind, meaning someone who, because of a mental condition, cannot fully understand or consent to being taken away.
Here, the offence lies in taking or enticing such a person out of the keeping of their lawful guardian, without that guardian’s consent. Notably, the consent of the child themselves is legally irrelevant in this clause, since a minor is not considered capable of giving valid consent to being removed from guardianship. The consent that actually matters is that of the lawful guardian.
The word “entice” is important here. Even if no force is used and the child willingly goes along, persuading or luring a minor away from their guardian’s custody can still amount to kidnapping.
Who Counts as a “Lawful Guardian”?
The Explanation attached to Section 137 widens the meaning of “lawful guardian” beyond just parents. It includes any person who has been lawfully entrusted with the care or custody of the child or the person of unsound mind. This can cover:
- Parents or legal guardians appointed by a court
- A person given temporary custody under a legal arrangement
- Guardians appointed under personal law or a guardianship order
This broader definition ensures the law protects the custodial relationship itself, not just biological parentage.
The Good Faith Exception
Section 137 carries a built-in exception that often gets overlooked. It protects a person who, in good faith, genuinely believes:
- He is the father of an illegitimate child, or
- He is entitled to the lawful custody of the child
as long as the act is not done for an immoral or unlawful purpose. This exception exists to prevent the section from being misused against someone acting on a sincere and reasonable belief about their own parental or custodial rights, provided their intentions were not wrongful.
Punishment Under Section 137(2) BNS
Anyone convicted of kidnapping, whether from India or from lawful guardianship, faces:
- Imprisonment of either description (simple or rigorous) for a term that may extend up to seven years, and
- Fine, which the court may impose in addition to imprisonment.
The word “may extend to” means seven years is the maximum sentence, not a mandatory minimum. The actual sentence handed down depends on the facts of the case, including the age of the victim, the intention behind the act, and any aggravating circumstances.
It is worth noting that Section 137 only defines kidnapping and prescribes the base punishment. If the kidnapping is carried out for a more serious purpose, such as murder, ransom, secret confinement, or forcing someone into slavery, that conduct is punished far more severely under the subsequent provisions of the BNS, particularly Section 140, which deals with kidnapping or abduction for ransom, murder, or other grave purposes.
Is Section 137 BNS Bailable, Cognizable and Compoundable?
This is one of the most searched questions about this section, and the answer commonly cited by legal commentators, based on the classification carried forward under the Bharatiya Nagarik Suraksha Sanhita (BNSS), is as follows:
| Aspect | Classification |
| Cognizable or Non-cognizable | Cognizable (police can arrest without a warrant) |
| Bailable or Non-bailable | Bailable |
| Compoundable or Non-compoundable | Non-compoundable |
| Triable by | Magistrate of the First Class |
Because the offence is cognizable, the police can register an FIR and begin investigation, including arrest, without first obtaining a magistrate’s permission. Being bailable means the accused generally has a right to seek bail rather than it being purely at the court’s discretion, though the court will still weigh the facts of each case. Since it is non-compoundable, the complainant and the accused cannot simply settle the matter privately and have the case withdrawn; it must run its course through the court.
Readers should treat this table as general guidance rather than a substitute for professional advice, since bail outcomes always depend on the specific facts, the stage of the case, and how the offence is charged alongside other sections.
Section 137 BNS vs the Old IPC Sections
Section 137 replaces and consolidates several older IPC provisions into one cleaner section. Here is how the mapping works:
| BNS Provision | Corresponding Old IPC Section | Subject Matter |
| Section 137(1)(a) | Section 359 and 360 | Kidnapping from India |
| Section 137(1)(b) | Section 361 | Kidnapping from lawful guardianship |
| Section 137(2) | Section 363 | Punishment for kidnapping |
| Section 138 | Section 362 | Abduction (definition) |
| Section 139 | Section 363A | Kidnapping or maiming a child for begging |
| Section 140 | Sections 364, 364A, 365, 367 | Kidnapping for murder, ransom, secret confinement, or grievous hurt |
Two changes stand out for anyone comparing the old and new law:
- Uniform age of 18: The IPC earlier distinguished between boys (below 16) and girls (below 18) for the purpose of “kidnapping from guardianship.” The BNS removes this gender distinction and uniformly treats anyone below 18 as a child for this purpose.
- Updated terminology: The phrase “person of unsound mind” replaces older IPC phrasing, aligning the section with more current legal language while keeping the same protective intent.
Kidnapping vs Abduction: What Is the Difference?
People frequently confuse kidnapping with abduction, but the BNS treats them as separate concepts.
- Kidnapping (Section 137) is defined narrowly. It applies only to taking a person out of India, or taking a child or a person of unsound mind away from lawful guardianship. It is a substantive, standalone offence with its own punishment.
- Abduction (Section 138) is broader in scope and applies to any person, regardless of age or mental capacity, who is compelled by force or induced by deceitful means to go from any place. However, abduction by itself is not a standalone punishable offence under the BNS; it becomes punishable only when it is committed along with a specific criminal intention mentioned elsewhere, such as under Section 140.
In short, kidnapping is complete the moment the defined act happens, while abduction only becomes a punishable offence when combined with a further unlawful purpose.
Key Judicial Interpretations
Courts in India have interpreted the predecessor IPC provisions extensively, and these interpretations continue to guide how Section 137 BNS is understood and applied.
- In S. Varadarajan v. State of Madras (1965), the Supreme Court clarified that “taking or enticing” a minor out of guardianship requires some active role played by the accused. If a minor, on their own initiative and without persuasion from the accused, leaves the guardian’s custody, the offence of kidnapping from lawful guardianship is not made out.
- Courts have also consistently held that the object of the guardianship clause is to protect the rights and welfare of the guardian and the minor, not merely to penalise elopement or personal choices made by a minor who is close to attaining majority. Each case is decided on its specific facts, including the minor’s age, maturity and the degree of persuasion involved.
These precedents remain relevant because the language and intent of Section 137 BNS closely mirror the earlier IPC provisions it replaces.
Illustrations to Understand Section 137 Better
Illustration 1: A takes B, a 15 year old, out of the country to another nation without informing or seeking consent from B’s parents. This amounts to kidnapping from lawful guardianship as well as, depending on the facts, kidnapping from India.
Illustration 2: A convinces C, an adult of sound mind, to board a flight abroad under false pretences, without C’s genuine, informed consent. This is kidnapping from India.
Illustration 3: D, who sincerely and reasonably believes he is the biological father of a child born out of wedlock, takes the child into his care without any unlawful motive. D may be protected by the good faith exception under Section 137, provided his intention was not immoral or unlawful.
Illustration 4: A 17 year old voluntarily leaves home on their own initiative, without any persuasion, invitation or inducement from another person. Since there was no active enticement, this situation does not by itself satisfy the requirements of kidnapping from lawful guardianship.
Why Section 137 BNS Matters
Kidnapping laws exist to protect two overlapping interests: the personal liberty of the individual, and the legal authority of guardians over those who cannot fully protect themselves, particularly children and persons of unsound mind. By consolidating multiple IPC sections into one, Section 137 makes the law easier to read, interpret and apply consistently across courts and police stations. This matters in practice because faster, clearer application of the law directly affects how quickly missing children cases and custody disputes involving alleged kidnapping are investigated and resolved.
Conclusion
Section 137 of the Bharatiya Nyaya Sanhita, 2023, brings together what used to be spread across several IPC sections into a single, more coherent provision on kidnapping. It recognises two distinct situations, taking someone out of India without consent, and taking a child or a person of unsound mind away from lawful guardianship, and prescribes imprisonment of up to seven years along with a fine for either. The section also carves out a good faith exception for genuine custodial claims, ensuring the law targets wrongful intent rather than honest mistakes. Understanding this provision clearly, along with how it differs from abduction under Section 138 and how it connects to more aggravated offences like Section 140, is essential for law students, legal practitioners and anyone trying to understand their rights and obligations under India’s reformed criminal law.
If you or someone you know is involved in a case connected to Section 137 BNS, it is advisable to consult a qualified criminal lawyer who can assess the specific facts and guide you through the correct legal process.
Click to Watch Video Explanation of BNS Section 137
Prefer to understand this section visually? Watch our detailed video breakdown of Section 137 BNS, covering the bare act, illustrations, punishment and bail position in simple language.
[▶ Watch the Video Explanation Here]
Useful Links
- Bharatiya Nyaya Sanhita, 2023: Full Bare Act
- Section 138 BNS: Abduction
- Section 139 BNS: Kidnapping or Maiming a Child for Begging
- Section 140 BNS: Kidnapping or Abduction for Ransom, Murder or Other Purposes
- IPC to BNS Section Mapping Guide
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Frequently Asked Questions on Section 137 BNS
What is Section 137 of the Bharatiya Nyaya Sanhita?
Section 137 BNS defines and punishes kidnapping, covering both kidnapping from India and kidnapping from lawful guardianship, with imprisonment up to seven years and a fine.
Which IPC section is equivalent to Section 137 BNS?
Section 137 BNS corresponds to Sections 359, 360, 361 and 363 of the erstwhile Indian Penal Code, now consolidated into one provision.
What is the punishment for kidnapping under Section 137 BNS?
The punishment is imprisonment of either description for up to seven years, along with a fine.
Is Section 137 BNS a bailable offence?
Section 137 BNS is generally treated as a cognizable and bailable offence, though the exact bail outcome depends on the facts and how it is charged.
Is Section 137 BNS a cognizable offence?
Yes, Section 137 BNS is a cognizable offence, meaning the police can register an FIR and arrest the accused without prior court permission.
Can Section 137 BNS be compounded or settled privately?
No, Section 137 BNS is a non-compoundable offence and cannot be settled privately between the parties outside of court.
What is the age limit for a child under Section 137 BNS?
A child under Section 137 BNS refers to any person below 18 years of age, applying a uniform, gender-neutral age threshold.
What is the difference between kidnapping and abduction under the BNS?
Kidnapping under Section 137 is a standalone punishable offence limited to specific situations, while abduction under Section 138 becomes punishable only when combined with a further unlawful intention.
Does the consent of a minor matter in kidnapping from guardianship?
No, the consent of the minor is not legally relevant; what matters is whether the lawful guardian consented to the child being taken away.
Is there any exception available under Section 137 BNS?
Yes, a person who in good faith believes he is the father or lawfully entitled to custody of the child is protected, unless the act is done for an immoral or unlawful purpose.
Which court tries offences under Section 137 BNS?
Offences under Section 137 BNS are triable by a Magistrate of the First Class.
What happens if kidnapping is done for ransom or murder?
If kidnapping is committed for ransom, murder, secret confinement or similar grave purposes, it is punished more severely under Section 140 of the BNS, not merely under Section 137.
