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Bare Act|Section 135 to 144 of Bharatiya Nyaya Sanhita| BNS| Kidnapping, Abduction|Forced Labour

Of Kidnapping, Abduction, Slavery and Forced Labour


Section 135 of The Bharatiya Nyaya Sanhita (BNS):


Assault or criminal force in attempt wronglfully to confine a person.


Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.


Section 136 of The Bharatiya Nyaya Sanhita (BNS):


Assault or criminal force on grave provocation


Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.


Section 137 of The Bharatiya Nyaya Sanhita (BNS):


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.


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Section 138 of The Bharatiya Nyaya Sanhita (BNS):


Abduction.


Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.


Section 139 of The Bharatiya Nyaya Sanhita (BNS):


Kidnapping or maiming a child for purposes of begging.


Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.


(2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.


(3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging.


(4) In this section “begging” means—


(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;


(ii) entering on any private premises for the purpose of soliciting or receiving alms;


(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;


(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.


Section 140 of The Bharatiya Nyaya Sanhita (BNS):


Kidnapping or abducting in order to murder or for ransom etc


(1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.


Illustrations.


(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed

to an idol. A has committed the offence defined in this section.


(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.


(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.


(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


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Section 141 of The Bharatiya Nyaya Sanhita (BNS):


Importation of girl or boy from foreign country.


Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.


Section 142 of The Bharatiya Nyaya Sanhita (BNS):


Wrongfully concealing or keeping in confinement, kidnapped or abducted person.


Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.


Section 143 of The Bharatiya Nyaya Sanhita (BNS):


Trafficking of person.


(1) Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives, a person or persons, by—

(a) using threats; or

(b) using force, or any other form of coercion; or (c) by abduction; or

(d) by practicing fraud, or deception; or

(e) by abuse of power; or

(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,

commits the offence of trafficking.


Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.


Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.


(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.


(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.


(4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.


(5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.


(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.


(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.


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Section 144 of The Bharatiya Nyaya Sanhita (BNS):


Exploitation of a trafficked person.


(1) Whoever, knowingly or having reason to believe that a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.


(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine




Bare Act|Section 135 to 144 of Bharatiya Nyaya Sanhita| BNS| Kidnapping, Abduction|Forced Labour



Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS)


General exceptions (Section 14 to Sexual 33 of BNS):



Right of private defence (Section 34 to Section 44 of BNS):



Rape provisions (Section 63 to Section 72 of BNS):



Murder, Culpable Homicide, Abetment to Suicide (Section 98 to Section 108 of BNS):



Kidnapping (Section 135 to Section 144 of BNS):



Theft and Snatching (Section 301 to Section 305 of BNS):



Cheating, Mischief and Trespass (Section 316 to Section 332 of BNS):


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