Code: Section 97 BNS
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 of either description for a term which may extend to seven years, and shall
also be liable to fine.
Explanation
What Does This Law State?
Section 97 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the act of kidnapping or abducting a child under ten years of age with the intent of stealing any movable property from the child’s person. This provision aims to safeguard young children, who are particularly vulnerable to such crimes.
Key Elements of the Offense
To establish an offense under Section 97 BNS, the following conditions must be met:
- Kidnapping or Abduction – The child must be unlawfully taken or enticed away from their lawful guardian.
- Victim’s Age – The victim must be below ten years of age.
- Intent to Steal – The accused must have the intention to dishonestly take any movable property from the child.
Punishment for the Offense
- Imprisonment: Up to seven years.
- Fine: As imposed by the court.
Illustrations of Section 97 BNS
Illustration 1: Snatching from a Child
A man lures a 9-year-old child into a deserted lane and forcibly takes the child’s gold chain. Since the offender kidnapped the child to steal property, he will be punishable under Section 97 BNS.
Illustration 2: Kidnapping for Theft in a Public Place
A group of criminals abducts a 7-year-old child from a crowded fair with the intent of stealing the child’s expensive wristwatch. This act qualifies as kidnapping under Section 97 BNS, attracting imprisonment and fines.
Illustration 3: Using False Promises to Lure a Child
An individual convinces a child to come with them under the false promise of buying chocolates. Later, the individual forcibly takes the child’s mobile phone and abandons them. Since the intent was to dishonestly take movable property, this act falls under Section 97 BNS.
Common Legal Questions on Section 97 BNS
1. What is the difference between kidnapping and abduction under this section?
- Kidnapping: Taking away a child without their consent or that of their guardian.
- Abduction: Using force or deceit to move a child from one place to another.
2. Does this law apply if the theft is unsuccessful?
Yes, as long as there is intent to steal, even if the offender fails to take the child’s property, the crime is still punishable under Section 97 BNS.
3. What if someone kidnaps a child for ransom but also steals from them?
If a child is kidnapped for ransom, it is a separate offense under Section 105 BNS. However, if the offender also steals from the child, they may be charged under both sections.
4. Does the stolen property have to be valuable?
No. Any movable property, regardless of value (e.g., a toy, pen, or money), falls under this law if the offender had the intention to steal from the child.
5. Can a family member be charged under this law?
Yes, if a relative kidnaps a child under ten years old and intends to steal from them, they can still be charged under Section 97 BNS.
Conclusion
Section 97 BNS is a critical legal provision that protects children under ten years old from being kidnapped or abducted for theft. By prescribing a punishment of up to seven years of imprisonment along with a fine, this law serves as a deterrent against crimes targeting young children.
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