Section 101 BNSS: Power to compel restoration of abducted females (Formerly Section 98 CrPC)

Section 101 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to compel restoration of abducted females

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 101

Section 101 empowers a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class to compel the immediate restoration of any female child under the age of eighteen years or woman who has been abducted or unlawfully detained for an unlawful purpose.

Complaint on Oath: Initiated upon complaint made on oath of abduction or unlawful detention.
Female Child or Woman Target: Applies to female child under 18 years, or any woman unlawfully detained for any unlawful purpose.
Order of Immediate Restoration: Magistrate may order immediate restoration to her liberty, or to her husband, parent, guardian, or lawful custodian, employing force if necessary.

Key Landmark Precedents:

Independent Thought v. Union of India (2017) 10 SCC 800: The Supreme Court highlighted the duty of magistrates to enforce child protection statutes and rescue minor girls from unlawful custodial detention.
Laxman v. State of Maharashtra (2002) 6 SCC 710: Affirmed the summary rescue powers of magistrates under Section 98 CrPC (Section 101 BNSS) in cases of abducted females.

Courtroom Practice & Strategic Litigation Guidance:

Ensure the complaint is sworn on oath by the parent or guardian. If the woman is an adult and states before the Magistrate that she married of her own free will and was never abducted, the Magistrate must immediately set her at liberty under Section 101.