Section 137: Punishment for Kidnapping

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Magistrate 1st Class
Bailable
Cognizable
Formerly Sec 363 IPC

Legal Commentary & Landmark Judgments: Section 137

Section 137 defines and penalizes Kidnapping, providing that 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 fine.

  • Two Forms of Kidnapping: Sub-section (1): Kidnapping from India (taking beyond territorial limits without consent). Sub-section (2): Kidnapping from lawful guardianship (taking or enticing a minor under eighteen, or person of unsound mind, out of the keeping of lawful guardian without guardian's consent).
  • Minor Age Unified to 18: Modernized statutory uniformity: the age limit for kidnapping of minors is eighteen years for all persons.
  • Enticement vs Voluntary Departure: Taking involves physical removal; enticing involves psychological coaxing or seduction away from parental control.
Key Landmark Precedents:
  • S. Varadarajan v. State of Madras (AIR 1965 SC 942): A landmark ruling: where a girl approaching majority leaves her father's home voluntarily and asks the accused to take her away, the accused does not 'take' or 'entice' her from lawful guardianship under Section 363 IPC (Section 137 BNS).
  • Prakash v. State of Karnataka (2014) 12 SCC 133: The Supreme Court affirmed that kidnapping from lawful guardianship does not require force or fraud; taking without guardian consent completes the offence.
Courtroom Practice & Strategic Litigation Guidance:

In runaway minor marriage prosecutions, defense counsel must examine the girl's Section 183 BNSS statement: if she testifies that she left home entirely on her own initiative due to parental abuse, cite S. Varadarajan to demolish the 'taking' element under Section 137 BNS.