BNS Section 97: Kidnapping or abducting a child under ten for theft of movable property (2026)
What Section 97 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to the old Section 369 of the IPC, the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 97 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who kidnaps or abducts a child under ten years in order to take movable property dishonestly from the child. The BNS has been in force since 1 July 2024. Section 97 replaced Section 369 of the Indian Penal Code (IPC). The punishment is imprisonment of either description for up to seven years, and a fine. If you still look up "section 369 IPC", this is the provision you now need. This explainer sets out what Section 97 covers, its ingredients, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: kidnapping or abducting a child under ten to steal from the child is Section 97 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 369 of the IPC.
- Punishment: imprisonment of either description up to seven years, and a fine.
- Classification: cognizable, non-bailable, triable by a Magistrate of the first class.
01Why the section number changed
For generations, kidnapping or abducting a child under ten to steal from the child was an offence under Section 369 of the Indian Penal Code. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023, and this offence now sits in Section 97 of the BNS.
This matters in daily practice. An FIR for an offence committed on or after 1 July 2024 cites Section 97, not Section 369. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For some years both numbers will appear in live cases.
02What Section 97 covers
Section 97 punishes a person who kidnaps or abducts any child under ten years, with the intention of dishonestly taking any movable property from the person of that child. The target of the offence is the property the child carries or wears, such as jewellery or valuables, and the child is taken away in order to get at it.
The offence combines two wrongs: the taking or luring away of a very young child, and the dishonest intent to strip that child of movable property. The section protects children under ten, who are least able to protect themselves or their belongings.
The age line is strict
Section 97 applies only where the child is under ten years. If the victim is ten or older, this specific section does not apply, though other kidnapping, abduction or theft provisions may still be used on the facts.
03Ingredients of the offence
To make out an offence under Section 97, the prosecution must show:
- The victim is a child under ten years.
- The accused kidnapped or abducted that child. Kidnapping and abduction carry their defined meanings under the BNS.
- The accused did so with the intention of dishonestly taking movable property from the person of the child.
The dishonest intent to take the property must exist at the time of the kidnapping or abduction. It is the purpose behind the taking of the child that turns an ordinary kidnapping into an offence under Section 97.
04Old to new: IPC 369 to BNS 97
Section 369 of the IPC is now Section 97 of the BNS. The wording and the punishment are carried over.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Kidnap or abduct child under 10 to steal from its person | Section 369 | Section 97 |
| Age of the child | Under ten years | Under ten years |
| Maximum imprisonment | Seven years | Seven years |
This is a renumbering. The offence is the same, so case law under Section 369 still guides how Section 97 is read.
05Punishment and classification
The punishment under Section 97 is imprisonment of either description for a term that may extend to seven years, and the offender is also liable to a fine.
On classification, the offence under Section 97 is treated as:
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by a Magistrate of the first class.
A combined wrong
Section 97 is heavier than simple theft because it couples theft with the kidnapping of a very young child. That combination is why the maximum runs to seven years.
06How it sits among the kidnapping offences
The BNS carries forward a family of kidnapping and abduction offences. Section 97 is the specific one for the theft of movable property from a child under ten. Other provisions in the code deal with kidnapping for ransom, for marriage, for slavery, and for other unlawful purposes, each with its own ingredients and punishment.
So the charge turns on the purpose of the taking. Where the purpose is to dishonestly take the child’s belongings and the child is under ten, Section 97 is the right provision. Where the purpose is different, a different section applies.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 97 charge is often paired with theft and other kidnapping provisions, so the file can span more than one section and more than one court. To argue it well you want to see how judges have handled the old Section 369 and the new Section 97. Claw lets you do that fast: a library of more than 30 crore judgments drawn from 9,102 courts, benches and forums, searchable by section, party or advocate, with each result back in under five seconds.
Claw keeps customer documents out of model training, so your case files are never used to teach the system. Open a free Claw account to search and track these matters, and for the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 97, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 369 IPC in the BNS?
Section 369 of the IPC, kidnapping or abducting a child under ten years to steal from its person, is now Section 97 of the Bharatiya Nyaya Sanhita, 2023. The offence and the punishment are carried over.
What is the punishment under BNS Section 97?
Imprisonment of either description for a term that may extend to seven years, and the offender is also liable to a fine.
What age of child does Section 97 protect?
A child under ten years. If the victim is ten or older, Section 97 does not apply, though other kidnapping, abduction or theft provisions may still apply on the facts.
What must the prosecution prove?
That the accused kidnapped or abducted a child under ten, and did so with the intention of dishonestly taking movable property from the person of that child. The dishonest intent must exist at the time of the taking.
Is an offence under Section 97 bailable?
No. The offence under Section 97 is treated as cognizable and non-bailable, and it is triable by a Magistrate of the first class. Bail is decided by the court.
Can I track a case under Section 97 in Claw?
Yes. Matters under Section 97 can be searched and followed by section, party or advocate across 9,102 courts, benches and forums, with results in under five seconds. Claw researches and tracks the case but does not give legal advice.