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Section 137 - The Bharatiya Nyaya Sanhita, 2023
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 clause include any person lawfully entrusted with the care or custody of such child or other person.
Exception.-This clause 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.
Related Sections
- Section 93: Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- Section 30: Act done in good faith for benefit of a person without consent
- Section 21: Act of a child above seven and under twelve years of age of immature understanding
- Section 174: Punishment for undue influence or personation at an election
- Section 333: House-trespass After preparation for hurt, assault or wrongful restraint