Kidnapping Abduction Slavery and forced labour 

Kidnapping Abduction and Forced labour (BNS Section 137-146/IPC Section 359-374)

• Kidnapping (Section 137 BNS/Section 359-361 IPC):  Taking a person out of India, or taking a minor/unsound person from their guardian without consent.
• Punishment - Imprisonment for 7years in person+fine -
• Bailable -Triable by Magistrate of the first class -non-Commendable 
• Section -138 Abduction - Whoever by force compels,or by any deceitful means induces,any person to go from any place,is said to abduct that person.
• Section -139(1) (Kidnapping for Begging) kidnapping a child to force them into begging.
• Punishment: 10years to life Imprisonment+fine 
• Section (2)(Maiming for Begging): Cutting or disfiguring a child's limbs to use them for begging.
• Punishment - 20years to Imprisonment for the rest of natural life+fine 

Landmark Court Case Note: Rigorous Imprisonment vs. Forced labour 

The extensive text commentary at the bottom discusses the historic Supreme court rolling. State of Gujarat v. Hon'ble High court of Gujarat (1998).

• Vishal Jeet vs. Union of India (1990) Landmark ruling ordering Rigorous executive crackdowns on organized child begging and trafficking s syndicates.
• Smt. Tanno v. State of U.P Reaffirms strict legal presumption against any non-guarding using a child for begging purposes.
• State of Haryana v.Raja ram (1973): Minor's consent's is irrelevant. If taken without a guardian's permission the crime is complete.

Aggravated kidnapping (Saction 140/140ABNS):

Covers severe crimes such as kidnapping for ransom or murder, alongside new specific insertions protecting children from being kidnapping for theft or begging.

• Neeraj sharma v.state of Chhattisgarh ( AIR 2024)  The supreme court established that a clear demand for ransom is absolutely mandatory to prove the is absolutely mandatory to prove the offence of kidnapping for ransom 

Exploitation and Slavery (section 144-145/146 BNS) 

Heavily penalizes human trafficking habitual dealing of individuals as property (slavery),and forcing individuals into non-consensual labour 

Supreme Court ruling (state of Gujarat vs Hon'ble High court of Gujarat) 

• Validity of punishment: The supreme court held the punishment of Rigorous Imprisonment is fully valid. Constitutional, and lawful 

Law student Shalu kushwaha 

5th standard 

Manu law college nichalaul Maharajganj