Introduction
Kidnapping strikes at the very foundation of personal liberty and freedom of movement. Indian criminal law has always treated this offence with seriousness, especially when it involves children or unlawful removal of individuals from lawful guardianship. Section 359 of the Indian Penal Code, 1860, laid down the basic definition of kidnapping and served as the starting point for related offences. With the introduction of the Bharatiya Nyaya Sanhita, 2023, Section 96 replaces this provision. While the core concept of kidnapping remains unchanged, the new law refines language and strengthens alignment with constitutional values.
What did Section 359 IPC define as kidnapping?
Section 359 IPC defined kidnapping as an offence of two kinds. One form involved kidnapping from India, which covered taking a person beyond the limits of India without consent. The other form involved kidnapping from lawful guardianship, which primarily protected minors and persons of unsound mind. The provision focused on unlawful taking or enticing rather than the use of force.
Judicial interpretation clarified that consent of the minor is irrelevant in cases of kidnapping from lawful guardianship. In State of Haryana v. Raja Ram, the Supreme Court emphasised that the protection aims to safeguard the rights of guardians and the welfare of the child.
How does Section 96 BNS define kidnapping?
Section 96 of the Bharatiya Nyaya Sanhita substantially carries forward the definition provided under Section 359 IPC. Kidnapping continues to include taking a person beyond the territory of India without consent and taking or enticing a minor or person of unsound mind out of the keeping of a lawful guardian.
The BNS adopts clearer and more direct drafting. It removes archaic expressions and presents the definition in a simpler structure. This change improves understanding without narrowing the scope of protection.
Has the scope of kidnapping expanded under BNS?
The scope of kidnapping under Section 96 BNS remains consistent with the IPC framework. The essential ingredients of unlawful taking or enticing and absence of lawful consent continue to apply. The BNS does not expand criminal liability but reinforces existing protections through clarity.
By retaining established principles, the new law ensures continuity with decades of judicial interpretation while improving accessibility.
How does consent operate under the new provision?
Consent remains a crucial element in kidnapping offences. In cases of kidnapping from India, the absence of consent of the person taken is essential. In cases involving minors or persons of unsound mind, the consent of the lawful guardian remains decisive.
The BNS preserves the settled position that the minor’s willingness does not legalise the act. This approach prioritises welfare and protection over individual choice in vulnerable cases.
What is the constitutional significance of Section 96 BNS?
Section 96 reflects the constitutional commitment to personal liberty under Article 21. By criminalising unlawful removal and confinement, the law protects individuals from exploitation, trafficking, and abuse. The clarity introduced by the BNS strengthens enforcement and reduces procedural ambiguity.
This provision also complements other offences under the BNS that deal with abduction, trafficking, and exploitation, creating a coherent legal framework.
How is kidnapping under Section 96 different from abduction?
Kidnapping is a defined statutory offence with specific ingredients, whereas abduction involves force or deceit and depends more heavily on intention. Section 96 continues to distinguish kidnapping as a strict liability offence in cases involving minors, unlike abduction which requires proof of coercion or deception.
This distinction ensures proportional punishment and precise classification of offences.
Conclusion
Section 96 BNS replaces Section 359 IPC without altering the fundamental concept of kidnapping. The offence continues to focus on unlawful taking, protection of minors, and safeguarding personal liberty. What the Bharatiya Nyaya Sanhita introduces is clearer drafting and better alignment with constitutional values. By preserving established principles while modernising language, the new law strengthens the legal framework governing kidnapping offences in India.
