Kidnapping and Abduction Charges Under BNS in Odisha
Kidnapping and abduction charges — including cases involving custody disputes gone wrong — now fall under BNS provisions. Here is what constitutes these offences, common scenarios in Odisha family disputes, and how the law applies.
By Advocate Debarchana Samal · 23 July 2026 · 9 min read
In short: kidnapping from lawful guardianship, previously Sections 361 and 363 IPC, is now Section 137 BNS, while abduction continues to be defined separately and becomes punishable when done for an unlawful purpose. Beyond the classic stranger-danger scenario, one of the most common — and most misunderstood — versions of this charge in Odisha involves a parent accused of "kidnapping" their own child during a bitter custody dispute. Whether you are searching for a missing child, defending against such an accusation, or unsure which forum to approach, understanding the legal distinctions early is essential.
Family courts and criminal courts often intersect uncomfortably in kidnapping and abduction cases arising from custody battles. A parent who takes their child to their parental home during a separation, believing they have every right to do so, can suddenly find themselves facing a police complaint and even an FIR for kidnapping. On the other hand, genuine cases of a child being taken by a stranger, a trafficker, or an estranged relative for an unlawful purpose require urgent and decisive police and legal action. Knowing which situation you are in — and how the law treats each — changes everything about how to respond.
Kidnapping vs Abduction: The Key Legal Distinction
Kidnapping (from lawful guardianship)
Applies only to minors (boys under 16, girls under 18) or persons of unsound mind. Taking or enticing them away from their lawful guardian without the guardian's consent — the minor's own consent is irrelevant.
Old Sections 361/363 IPC — now Section 137 BNS.
Abduction
Applies to a person of any age. Requires either force or deceitful inducement to make them go from any place. Punishable only when done for a specific unlawful purpose such as extortion, forced marriage, or to commit an offence.
Aggravated abduction provisions carry punishment up to life imprisonment depending on purpose.
Custody Disputes: When a Parent Faces a Kidnapping Complaint
Step-by-Step: Responding to a Kidnapping or Abduction Situation
File a missing person or kidnapping complaint without delay
If a child or dependent is genuinely missing or has been taken without consent by someone outside the family, report it to police immediately — early hours matter greatly in recovery.
Gather custody orders and family documentation
If the situation stems from a family dispute, collect any existing custody orders, marriage or separation agreements, and prior court filings relevant to lawful guardianship.
Get legal advice before responding to police as the accused
If you are a parent or relative named in a kidnapping complaint arising from a custody dispute, consult a lawyer before making statements — the framing of facts matters enormously.
Clarify whether family court, criminal court, or both apply
Your lawyer should assess whether a habeas corpus petition, a family court custody application, a criminal defence, or a combination is the right path forward.
Build your case around the child's welfare and documented facts
Whether pursuing or defending against such a charge, courts respond best to well-documented, welfare-focused arguments rather than emotional accusations.
Critical warning:Never remove a child from the other parent's custody in defiance of an existing court order, even if you believe you are acting in the child's best interest — approach the family court or a lawyer first to avoid facing a kidnapping FIR yourself.
When You Need a Lawyer
You need a criminal lawyer urgently if a child has genuinely gone missing or been taken by someone outside lawful guardianship, if you have been named in a kidnapping FIR arising from a custody dispute with your spouse or former partner, or if you need to file a habeas corpus petition before the Odisha High Court to recover custody of a child. These cases move quickly, involve overlapping criminal and family law questions, and directly affect a child's safety and welfare — early, experienced legal guidance is essential rather than optional.
Frequently Asked Questions
What was IPC Section 363 is now which BNS section?
Kidnapping from lawful guardianship, defined and punished under Sections 361 and 363 IPC, is now covered under Section 137 of the Bharatiya Nyaya Sanhita (BNS), with abduction defined separately and dealt with under related BNS provisions covering compulsion and force. The core definitions are retained: kidnapping involves taking or enticing a minor (under 16 for boys, under 18 for girls) or a person of unsound mind out of the keeping of their lawful guardian without consent, while abduction involves compelling or deceitfully inducing a person, of any age, to go from any place.
What is the difference between kidnapping and abduction?
Kidnapping specifically applies to minors or persons of unsound mind being taken from lawful guardianship, and consent of the minor is legally irrelevant — even if the child agreed to go, it can still be kidnapping if the guardian did not consent. Abduction applies to a person of any age and requires either force or deceitful inducement to make them go somewhere. Abduction by itself is not always punishable — it becomes an offence when done for a specific unlawful purpose, such as to commit an offence, extort property, or compel marriage.
Can a parent be charged with kidnapping their own child during a custody dispute?
Yes, this happens more often than people expect. If one parent takes the child away in violation of an existing custody order, or takes the child out of the other parent's lawful custody without consent while custody proceedings are pending, an FIR for kidnapping can be registered even though the accused is the child's own parent. Courts examine whether there was an existing custody arrangement, the intent behind the parent's action, and the welfare of the child, and outcomes vary significantly based on these facts rather than being an automatic conviction.
What is the punishment for kidnapping under BNS in Odisha?
Kidnapping from lawful guardianship carries imprisonment up to 7 years and a fine. Where the kidnapping or abduction is for a more serious purpose — such as murder, unlawful confinement, extortion, or forced marriage — the BNS prescribes significantly enhanced punishment, in some cases extending to life imprisonment, reflecting the seriousness of the underlying intent rather than just the act of taking the person away.
How does bail work in a kidnapping case linked to a custody dispute in Odisha?
Bail in such cases depends heavily on the specific facts — whether the child is safe and with the accused parent or relative, whether there was any element of force, threat, or concealment, and whether the accused has a genuine, longstanding claim to custody. Courts in Odisha have shown willingness to grant bail in genuine custody-dispute cases while treating cases involving deceit, trafficking risk, or repeated violation of court orders far more strictly. A lawyer's early intervention to present the family court context to the criminal court is often decisive.
Facing a Kidnapping or Abduction Case in Cuttack or Odisha?
Advocate Debarchana Samal handles kidnapping and abduction matters, including sensitive custody-related disputes, before Odisha's Sessions Courts, Family Court, and the Odisha High Court. Contact us immediately for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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