Sexual Offences

These offenses are primarily addressed in Chapter VI, “Of Offences Affecting the Human Body,” specifically under the sub-section “Of Kidnapping, Abduction, Slavery and Forced Labour.”

1. Kidnapping

Kidnapping is explicitly defined by the age of the victim and the source of removal (lawful guardianship).

  • BNS Section: Section 96 (Corresponding to IPC Section 359/361).
  • Offence Defined: Kidnapping from lawful guardianship occurs when an individual takes or entices any minor under the age of eighteen, or any person deemed to be of unsound mind, away from the custody of their lawful guardian, without the guardian’s consent.
  • Note: The BNS has effectively rendered the offense gender-neutral concerning the age of the child (by substituting ‘minor girl’ with ‘child’ in the relevant context); however, when the victim is a woman, the offense typically proceeds under the general kidnapping provisions if she is under eighteen.

2. Abduction

  • Abduction is considered a preparatory act and applies to any individual, including women of any age. It is characterized by the means employed (force or deceit) and the intent behind the act.
  • BNS Section: Section 97 (Corresponding to IPC Section 362).
  • Offence Defined: Anyone who compels another person by force, or induces them through deceitful means to leave any location, is said to have abducted that individual.

3. Kidnapping or Abduction to Compel Marriage, etc.

This constitutes a specific, aggravated offense aimed at coercing a woman, which is particularly pertinent to crimes against women.

  • BNS Section: Section 101 (Corresponding to IPC Section 366).
  • Offence Defined: Anyone who kidnaps or abducts a woman with the intent to compel her to marry any individual against her will, or to force or seduce her into illicit intercourse, or knowing that it is likely she will be compelled, forced, or seduced.
  • Punishment: Imprisonment of either description for a term that may extend to ten years, along with a fine.

4. Enticing or Detaining a Married Woman

This section specifically pertains to the act of taking or detaining a married woman with a criminal intent associated with her marriage.

  • BNS Section: Section 84 (Corresponding to IPC Section 498).
  • Offence Defined: Any individual who takes or entices away a woman, whom he knows or has reasonable grounds to believe is the wife of another man, with the intent that she may engage in illicit sexual relations with any person, or conceals or detains such a woman with that intent.
  • Punishment: Imprisonment of either description for a duration that may extend to two years, or a fine, or both.

5. Buying or Selling a Minor for Immoral Purposes

This offense, while primarily focused on trafficking, is frequently associated with kidnapping and abduction aimed at exploitation, particularly involving minors who are female.

  • BNS Section: Section 99 (Corresponding to IPC Section 373).
  • Offence Defined: Any person who buys, sells, hires, or otherwise disposes of any child under the age of eighteen with the intent that such child shall be employed or utilized for the purposes of prostitution or illicit sexual relations with any individual, or for any unlawful and immoral purpose.
  • Punishment: Imprisonment of either description for a term that may extend to ten years, along with a fine.