IPC Section 369 and BNS Section 97: Kidnapping a Child Under Ten to Steal Property

Kidnapping or abducting a child under ten years of age with the intention of dishonestly taking movable property from the child is a specific criminal offence. The former provision was Section 369 of the Indian Penal Code, 1860 (IPC); the corresponding current provision is Section 97 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What does Section 97 of the BNS provide?

Section 97 of the Bharatiya Nyaya Sanhita, 2023, titled Kidnapping or abducting child under ten years of age with intent to steal from its person, provides:

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.

This wording also reflects the substance of former IPC Section 369. The provision specifically concerns property taken, or intended to be taken, from the child's person, rather than theft of property generally.

Essential ingredients of the offence

1. Age: The child must be under ten years of age at the relevant time.
2. Kidnapping or abduction: The accused must kidnap or abduct the child as understood under the applicable law.
3. Dishonest intention: The accused must intend to take movable property dishonestly from the child's person.
4. Connection between the acts: The kidnapping or abduction must be accompanied by the specified intention to take that property.

The prosecution must prove the elements of the charged offence beyond reasonable doubt. Actual successful removal of property is not expressly required by Section 97; the specified intention at the time of kidnapping or abduction is central.

Important legal definitions

Kidnapping

BNS Section 137 addresses kidnapping from India and kidnapping from lawful guardianship. For kidnapping from lawful guardianship, it concerns taking or enticing a child or person of unsound mind out of the keeping of the lawful guardian without the guardian's consent, subject to the statutory exception. Under the former IPC, kidnapping from lawful guardianship was addressed in Section 361.

Abduction

BNS Section 138 defines abduction in terms of compelling a person by force, or inducing a person by deceitful means, to go from any place. The earlier definition appeared in IPC Section 362.

Dishonestly and movable property

The dishonest intention must concern wrongful gain or wrongful loss in relation to property. Movable property includes physical items such as jewellery, a chain or other belongings carried or worn by the child. The relevant statutory definitions must be applied to the particular facts.

Punishment and classification

Cognizable means the police may investigate and make an arrest without a warrant where the law permits. Non-bailable does not mean bail is impossible; it means release on bail is subject to the applicable legal requirements and judicial discretion.

Illustrative example

If a person takes a seven-year-old child away from the lawful guardian intending to dishonestly remove a gold chain worn by the child, the facts may attract BNS Section 97, provided the required elements are proved. Other offences may also be relevant depending on what actually occurred.

Difference between ordinary kidnapping and this specific offence

Ordinary kidnapping under BNS Section 137 does not itself require an intention to steal property from the child. Section 97 additionally requires that the victim be under ten years of age and that the kidnapping or abduction be committed with the specified dishonest intention. The charges depend on the evidence and applicable statutory provisions.

IPC Section 369 and the change to BNS Section 97

The IPC was repealed by the BNS with effect from 1 July 2024, subject to savings. Section 369 IPC remains important when interpreting earlier conduct, older police records and judicial decisions. Section 97 BNS is the corresponding provision for offences governed by the new law. The date of the alleged offence and the applicable transitional provisions should be checked before identifying the governing statute.

Frequently asked questions

What is the punishment under IPC Section 369 or BNS Section 97?

Imprisonment of either description for up to seven years, and liability to a fine.

Does the offence apply to children aged ten or above?

No. This particular section expressly requires the child to be under ten years. Other kidnapping, abduction or property offences may apply depending on the facts.

Must the accused actually steal the property?

The provision focuses on kidnapping or abduction with the intention of dishonestly taking movable property from the child. Proof of a completed theft is not an express element of this particular offence.

Official legal sources

• India Code - official repository of Central Acts (search for the Bharatiya Nyaya Sanhita, 2023 and Section 97).
• Bureau of Police Research and Development - BNS reference PDF.
• Government-hosted BNS text and IPC-to-BNS correspondence.

Note: This article provides general legal information and does not replace professional advice on a particular criminal case.