Section 97 BNS

Section 97 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with a specific type of offence where a child below ten years of age is kidnapped or abduc

Section 97 BNS: Kidnapping or Abducting Child Under Ten Years with Intent to Steal from Person – Complete Guide

Introduction

Section 97 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with a specific type of offence where a child below ten years of age is kidnapped or abducted with the intention of stealing property from the child. This provision recognizes that young children are extremely vulnerable and can be easily targeted by criminals for theft and exploitation.

Children often carry valuable items such as jewelry, money, or belongings, making them easy targets. This section aims to protect children from such crimes by imposing strict punishment on offenders who exploit their innocence.

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Exact Text of 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.

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Simple Meaning of Section 97

In simple words, Section 97 means:

• If a person kidnaps or abducts a child below 10 years,
• With the intention of stealing something from the child,

👉 It is a criminal offence.

The focus is on theft combined with kidnapping.

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Objective of the Law

The main objectives of Section 97 are:

• Protect young children from criminal exploitation
• Prevent theft targeting minors
• Ensure safety of children in public and private spaces
• Punish offenders strictly

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Essential Ingredients of the Offence

To establish an offence under Section 97, the following elements must be present:

Child Must Be Under 10 Years

The victim must be:

• Below ten years of age

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Kidnapping or Abduction

The accused must:

• Kidnap, or
• Abduct the child

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Dishonest Intention

The accused must have:

• Intention to steal

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Movable Property

The property must be:

• Movable property
• Belonging to or carried by the child

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Meaning of Key Terms

Kidnapping

Taking a child away without consent or lawful authority.

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Abduction

Using force or deceit to take a person away.

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Dishonestly

Acting with intent to cause wrongful gain or loss.

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Movable Property

Items such as:

• Jewelry
• Money
• Personal belongings

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Importance of Intention

The offence depends on:

👉 Intention to steal

Even if theft is not completed:

• The offence is still punishable

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Punishment under Section 97

The punishment includes:

• Imprisonment up to 7 years, and
• Fine

👉 Reflects seriousness of offence against children.

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Nature of the Offence

• Cognizable
• Non-bailable (in serious cases)
• Serious offence involving minors

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Examples for Better Understanding

A person kidnaps a child to take away gold jewelry.

Someone abducts a child to steal money or valuables.

A criminal lures a child away and takes their belongings.

👉 All these are offences under Section 97.

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Difference from Other Sections

Section 97 vs Kidnapping

• General kidnapping → No specific purpose
• Section 97 → Theft-related kidnapping

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Section 97 vs Section 96

• Section 96 → Sexual exploitation
• Section 97 → Theft

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Importance of Section 97

Protects Young Children

Special focus on children under 10.

Prevents Exploitation

Discourages targeting minors.

Promotes Safety

Ensures safe environment for children.

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Legal and Social Impact

This section helps:

• Reduce crimes against children
• Increase awareness
• Strengthen child protection

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Challenges in Implementation

Identifying Intent

Difficult to prove intention to steal.

Lack of Witnesses

Crimes may occur in isolated places.

Child Vulnerability

Children may not be able to explain events clearly.

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Role of Parents and Guardians

• Supervise children
• Educate them about safety
• Avoid sending children alone

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Role of Society

• Report suspicious activities
• Protect children in public spaces
• Spread awareness

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Key Takeaways

• Section 97 deals with kidnapping of child under 10
• Purpose: theft
• Focus on intention
• Punishment up to 7 years
• Protects vulnerable children

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Conclusion

Section 97 of the Bharatiya Nyaya Sanhita is an important provision that protects young children from being targeted for theft through kidnapping or abduction. It recognizes that children are vulnerable and must be given special legal protection.

In simple terms:

Kidnapping a child to steal from them is a serious criminal offence.

This section ensures that children are safe from exploitation and that offenders are punished, helping create a secure and protective environment for minors.