Power to compel restoration of abducted females
Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to compel restoration of abducted females. 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 The Act came into force on 01 Jul 2024.
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.
Section 101, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 98 Power to compel restoration of abducted females Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
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.
-
Niruti vs State of U.p.
Decided under Code of Criminal Procedure 98, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a habeas corpus petition, the petitioner must establish that the person in question is being illegally detained against their will. Mere allegations of detention without clear evidence of forcible confinement or unlawful restraint are insufficient to succeed in a habeas corpus petition. Where the facts in the petition itself suggest voluntary visits to the parental home and the petitioner's ability to return with her husband, the court cannot infer illegal detention. The burden lies on the petitioner to clearly demonstrate the absence of consent and the presence of unlawful confinement.
On this section: The court cited Section 98 Cr.P.C. as an alternative remedy available to the petitioner no. 2 (husband) if he is aggrieved by the situation. This section provides for remedies in cases of wrongful confinement or wrongful restraint.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… is issued where in the circumstances of the particular case, ordinary remedy provided by the law is either not available or is ineffective, otherwise a writ will not be issued…." 4. Accordingly, the petitioner is granted liberty to avail the appropriate/alternate statutory remedy by filing an application under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as follows:- > "101. Power to compel restoration of abducted females - 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 …
-
… In cases of abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, Sec 98 of Code of Criminal Procedure and Section 101 of The Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to make an order for the immediate restoration of such woman and female Page 10/62 …
Questions about Section 101
What have the courts held on Section 101 of the Bharatiya Nagarik Suraksha Sanhita?
Niruti vs State of U.p. (12 Jul 2021) is the leading judgment on this section among those set out below, though it was decided under CRPC 98, which this section replaced -- the court never mentioned this Act: The court cited Section 98 Cr.P.C. as an alternative remedy available to the petitioner no. 2 (husband) if he is aggrieved by the situation. This section provides for remedies in cases of wrongful confinement or wrongful restraint.
How do I find court cases under Section 101 of the Bharatiya Nagarik Suraksha 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: BNSS 101, section 101 BNSS, section 101 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 101 1 and 101 bnss in crpc. 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 Niruti vs State of U.p. (12 Jul 2021).
What should I read with Section 101 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 98 (Power to compel restoration of abducted females), so the judgments decided under that provision are the case law on this one.
When did Section 101 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 101 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 101, 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
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 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.