Updated on March 22, 2025 09:20:39 AM
Section 137 of the BNS defines criminal offence of Kidnapping, previously mentioned under Section 359 of the Indian Penal Code. Kidnapping is a serious crime that involves the illegal taking of another person. Nearly 33,000 cases of Kidnapping file every year which shows an alarming rate of crime in India. It can occur in several contexts such as political agendas, ransom, human trafficking, or internal disputes. It is a punishable offence for which the offender can get harsh punishment.
However, the claim of Kidnapping is just a claim until it is proven in court via a legal procedure. During the trial, the accused can get bail with a promise to appear. In this article, we will go through a comprehensive understanding of this criminal offence (Kidnapping), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 137 of BNS given below:
| Offence | Kidnapping |
|---|---|
| Clause under BNS | Clause 137 |
| Bail | Non-Bailable |
| Nature of Offence | Cognizable |
| Penalties and Punishments | Imprisonment for 7 years, Fine or Both |
| Triable | Any Magistrate |
Clause 137 of BNS clearly defines that -“ (1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship––
(a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
On your behalf, the lawyer drafts a bail application. In this application they outline all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Clause 137 of BNS outlines the severe legal consequences of kidnapping. In this provision, the importance of protecting individual liberty and ensuring justice for victims is underscored. It is crucial for both legal practitioners and the general public to understand the punishment and bail procedures outlined in this section. It serves as a deterrent against such heinous acts while also ensuring due process is followed. Keeping Clause 137 in mind, the legal system strives to maintain justice, protecting society from kidnapping.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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