Kidnapping or abducting child under ten years of age with intent to steal from its person
Section 97 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping or abducting child under ten years of age with intent to steal from its person. 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. The Act came into force on 01 Jul 2024.
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.
Section 97, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 369 Kidnapping or abducting child under ten years with intent to steal from its person Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Kidnapping or abducting a child under ten years with intent to steal from its person. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shaik Ghouse Basha vs The State of Andhra Pradesh
Decided under Indian Penal Code 369, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an appellate court finds that the conviction imposed by the trial court is legally justified and supported by sufficient evidence, it should not interfere with the conviction. However, the appellate court has the discretion to reduce the sentence if, considering the facts and circumstances of the case and the time already undergone by the convict, it finds that the original sentence is disproportionate or that the convict has already suffered sufficient punishment through incarceration.
On this section: Kidnapping - The court applied this section to convict the accused for kidnapping the deceased child with intent to hold him for ransom
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 97
What have the courts held on Section 97 of the Bharatiya Nyaya Sanhita?
Shaik Ghouse Basha vs The State of Andhra Pradesh (26 Sep 2016) is the leading judgment on this section among those set out below, though it was decided under IPC 369, which this section replaced -- the court never mentioned this Act: Kidnapping - The court applied this section to convict the accused for kidnapping the deceased child with intent to hold him for ransom.
Is Section 97 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 97 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 97 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 97, section 97 BNS, section 97 of the Bharatiya Nyaya Sanhita. People searching for it also type 97 bns in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shaik Ghouse Basha vs The State of Andhra Pradesh (26 Sep 2016).
What should I read with Section 97 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 369 (Kidnapping or abducting child under ten years with intent to steal from its person), so the judgments decided under that provision are the case law on this one.
When did Section 97 of the Bharatiya Nyaya Sanhita come into force?
Section 97 of the Bharatiya Nyaya Sanhita, cited as BNS 97, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.