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Section 97: Kidnapping or Abducting Child Under 10 Years to Steal from Person

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 369 IPC
Section 96 All 358 Sections of Bharatiya Nyaya Sanhita Section 98

Legal Commentary & Landmark Judgments: Section 97

Section 97 penalizes kidnapping or abducting a child under ten years with intent to steal from the person of such child, prescribing imprisonment of either description for a term which may extend to seven years, and fine.

  • Child Under Ten Years: The victim must be a child under ten years of age.
  • Kidnapping or Abduction: Taking or decoying the child away from lawful custody or presence.
  • Specific Theft Intent: Done with the specific intention of stealing any movable property (gold jewelry, earrings, mobile phones, clothing) from the person of the child.
Key Landmark Precedents:
  • Prakash v. State of Karnataka (2014) 12 SCC 133: The Supreme Court affirmed that kidnapping a small child to remove gold ornaments constitutes an aggravated property offence under Section 369 IPC (Section 97 BNS).
  • State of Haryana v. Rajinder Singh (1996) 8 SCC 418: Held that taking a child even for a short distance to snatch jewelry completes the kidnapping offence.
Courtroom Practice & Strategic Litigation Guidance:

In child jewelry-snatching cases, secure recovery memos of the stolen gold earrings from the accused under Section 23 BSA alongside CCTV footage: this conclusively establishes Section 97 BNS guilt.

Section 96 All 358 Sections of Bharatiya Nyaya Sanhita Section 98