Code:
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.
Explanation
Section 101 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) provides a legal mechanism to ensure the swift recovery of women or female children who have been unlawfully detained or abducted. Upon receiving a sworn complaint regarding such an incident, the District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class has the authority to issue an order for their immediate release. This section emphasizes not only the restoration of liberty but also allows the Magistrate to employ force if required to ensure compliance with the order.
Illustration
Example 1: Restoring Liberty of an Abducted Woman
A woman is abducted for unlawful purposes and a complaint is made before a Magistrate on oath. The Magistrate, upon verification, orders her immediate restoration to liberty and takes necessary steps to enforce compliance.
Example 2: Returning a Female Child to Legal Guardians
A female child is abducted and unlawfully detained. A complaint is made before the Magistrate, who then directs that the child be immediately returned to her lawful parent or guardian, using force if necessary to ensure the child’s safe return.
Common Questions and Answers
1. Who can file a complaint under Section 101 BNSS?
- Answer: Any person who is aware of the abduction or unlawful detention of a woman or female child can file a complaint under this section, provided the complaint is made on oath.
2. What action can a Magistrate take after receiving a complaint under Section 101?
- Answer: The Magistrate can issue an order for the immediate restoration of the woman or female child to her liberty or to her lawful guardian, and if necessary, can use force to enforce the order.
3. Can force be used to enforce the order under Section 101?
- Answer: Yes, if necessary, the Magistrate can use force to compel compliance with the order of restoration.
Conclusion
Section 101 BNSS offers a swift and decisive legal remedy for the restoration of women and female children who have been unlawfully detained or abducted. It empowers Magistrates with the authority to act immediately and use necessary force to ensure the person’s safety and legal return to their guardians.
