BNSS Section 101: Restoration of Liberty of Abducted or Unlawfully Detained Women and Female Children
BNSS Section 101 addresses the power to compel Restoration Of Abducted Females. By focusing on the restoration of liberty of abducted or unlawfully detained women and female children, this law plays a vital role in safeguarding their rights and well-being. Here is what power to compel restoration of abducted females mean in this law:
Code:
1. Complaint and Oath:
– Upon receiving a complaint made on oath regarding the abduction or unlawful detention of a woman or a female child for any unlawful purpose,
2. Authority to Act:
– The following judicial authorities have the power to act under this section:
– District Magistrate
– Sub-divisional Magistrate
– Magistrate of the first class
3. Order for Restoration:
– The concerned Magistrate may issue an order for the immediate restoration of:
– The abducted woman to her liberty, or
– The abducted female child to her parent, guardian, or any other person who has lawful charge of the child.
4. Compelling Compliance:
– The Magistrate can compel compliance with the restoration order.
– Use of Force:Â If necessary to ensure compliance with the order, the Magistrate may use such force as is necessary for this purpose.
Explanation:
This section empowers a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to take immediate action upon receiving a complaint on oath regarding the abduction or unlawful detention of a woman or a female child for any unlawful purpose. The Magistrate can issue an order for the immediate restoration of the woman’s liberty or the female child’s custody to her parent, guardian, or other person having lawful charge. The Magistrate can use necessary force to ensure compliance with the order.
Illustration:
If a complaint is filed alleging that a woman has been abducted and is being held captive against her will, the Magistrate can, based on the sworn complaint, issue an order to the accused person to release the woman. If the accused refuses to comply, the Magistrate can use appropriate force to secure the woman’s release.
Common Questions and Answers:
Q: Who can file a complaint under this section?
A: Any person can file a complaint on oath.
Q: What is considered an unlawful purpose?
A: Any purpose that is not legal or morally acceptable, such as forced marriage, sexual exploitation, or illegal confinement.
Q: What happens if the accused person refuses to comply with the order?
A: The Magistrate can use force, including police assistance, to ensure compliance. The accused person can also be held in contempt of court.
