File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Condition of Children's rights, its footing and Bharatiya Nyaya Sanhita (BNS)

The paragraph covers the violation of legal rights and actions concerning the children of India. Bharatiya Nyaya Sanhita and its sub-part case law are used in preparing the passage. More than 100,000 children are kidnapped in India each year, 71% of them are female, used for cruel acts by brutal criminals. Bharatiya Nyaya Sanhita includes the laws to protect the children physically, psychologically, and medically in case of family disputes.

The Health of children is seriously affected by parental disputes. But we need to take these BNS laws into action, the law researchers, found it necessary to present the laws and issues about the general public. The cases of child kidnapping are so high in India due to a lack of practicality in the Penal Codes.

It has been estimated that each year, more than 294 children's missing cases are reported, and some are even not reported. The duty of lawyers who are specialized in case law comes here. Over 294 kidnapping cases are coming into India each day, but the same number of criminals are charged according to Section 140-BNS. For the deep concept, we will be using logic and law under Bharatiya Nyaya Sanhita.

Bharatiya Nyaya Sanhita-140

Kidnapping children to take wealth from their parents is explained by BNS 140 in Indian law book. Apart from that, kidnapping of children, for cruel acts of intercourse is becoming common in the world. So BNS explains these criminality and its punishment as follow:
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable for a fine. The intensity of violation of BNS-140 is very much in India. As more than 294 child cases of kidnapping are coming, the number of criminals in the prison should be in correlation with the cases coming on a daily basis.

BNS 115(2) and Police Department (Missing children cases:

47,000 children were missing in India, according to the National Crime Records Bureau (NCRB), from January 2023 to December 2023. The police department is hurting the parents by not solving the cases and by treating the victim's parents harshly. The proof that the police have not worked properly is that a small number of criminals who kidnapped children are imprisoned.

But the remaining criminals who kidnapped 47,000 kids this year are free. Lawyers must lodge lawsuits against police personnel and punish them under Section 115(2) BNS. Section 115(2) of the Bharatiya Nyaya Sanhita deals with punishment for voluntarily causing harm. It states the punishment of imprisonment for 1 year or a fine, or in some cases, both.

Children kidnapping case at NVI Mumbai and other places:
Children kidnapped from one place were moved to another area. As reported by news agencies, the children had gone missing on Monday from the Navi Mumbai area. They included a 12-year-old boy who had gone missing from Koparkhairane, a 13-year-old girl from Rabale, and another girl of the same age who went missing from Kamothe and who was found in Gujarat. Two girls, aged 12 and 14, had gone missing from the Kalamboli police station area. Many others also went missing according to India TV.

Case Law and Children:
The mother indeed is the one who wins custody cases in India most of the time because she is the prime caregiver at the initial stages of the child. Experts believe that if both parents are not present for care, this may have a harmful effect on the child's health. It is important to note that a child is not a reward for winning the game of tennis. For this purpose, the courts in India should always give paramount consideration to the welfare of minors. It doesn't matter whose case is strong, but the thing that matters here is whose custody will foster the abilities and healthy growth of the child. Custody is a sensitive issue in many cases.

In the case of minors who are under the age of 18, custody cases are very difficult because, in the past, wrong decisions have destroyed the lives of a lot of kids. Now no court is ready to leave such a step-print in history. Today, the judges in the court and the law are modified enough to understand that minors have an emotional and sentimental attachment to their parents.

Child Custody Case:
On January 24, 2024, a landmark decision by the Kerala High Court ensured a fair trial in the custody battle by turning from the pre-established norms. This act is legal and was previously mentioned by the Supreme Court. In the matter of the dispute over the custody of a 1.5-year-old child between the husband and wife, Section 17 of the Guardians and Wards Act, 1890, has been held by the Supreme Court that in deciding the custody of minor children, the main consideration of the court must be the welfare of the minor and not the legal rights of a particular party. In the case of a non-relevant party for the minor, the same procedure should be followed to make the best decision in the child's favour.

There are many sections related to the welfare of the child. But the problem here is that most of the children are not taken to the bars for the decision. Here, the responsibility of each man as an individual comes to inform the police and to make the court responsible for the best decision in favour of the child.

12 years old boy child custody case at Supreme Court
In one of the case, on December 12, 2023, the Supreme Court gave custody of the child back to the father after the child turned 12 years of age because the judge said it was not in the upbringing of the child to go back to his mother at this stage. However, the court gave visitation and calling rights to the mother. In some cases, the children are killed for marrying each other.

This involves the situation of inter-group marriages, for example, the marriages between children from different cultures, religions, and castes. Article 21 of the Constitution says that the Supreme Court has to direct the police and administration to protect against any kind of harassment, threat, or act of violence in such cases where boys or girls have undergone inter-caste or inter-religious marriages.

Tamil Nadu Woman murder case:
On January 10, 2024, a Tamil Nadu woman was killed by her family after marrying a Dalit in Thanjavur.

Homicidal of Justice: Kidnapping and mistreatment of children with the violation of Section 140

In brief, the law should be focused on the paramount welfare of children, not only in India but globally. 78 innocent people are killed in India each day. Those murderers should be sentenced to death or imprisoned for life, and they shall also be liable to a fine according to BNS-103. More than 294 innocent children are kidnapped in India daily. These criminals should be imprisoned for 7 years under Section 140.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly