Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary. C.—General provisions relating to searches
Bharatiya Nagarik Suraksha Sanhita
Section 101
Power to compel restoration of abducted females
Englishहिंदी
⚡ Quick Answer Reference: Section 101 BNSS
- Provision: Section 101 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section allows a District Magistrate or other authorized officials to order the immediate release of an abducted woman or female child and use necessary force to enforce this order.
Statutory Content
What does Section 101 of BNSS say?
Indian StandardSection 101, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 101 (India)
Court Pleading StandardSection 101 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/101
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 101 of BNSS mean?
Plain English Explanation
This section allows a District Magistrate or other authorized officials to order the immediate release of an abducted woman or female child and use necessary force to enforce this order.
Practical Interpretation
In practice, this section enables swift action to be taken by magistrates to rescue and restore abducted females to their families or guardians, ensuring their safety and liberty.
Core Legal Purpose
The core purpose is to provide a legal mechanism for the prompt rescue and restoration of abducted women and female children, safeguarding their rights and well-being.
Key Legal Elements
- •A complaint made on oath regarding the abduction or unlawful detention of a woman or female child.
- •The complaint must be for an unlawful purpose.
- •The key legal test is whether the detention is unlawful and the purpose is illegal.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 101 BNSS
For instance, if Rajesh complains to the authorities that his daughter, Priya, has been abducted by Amit for an unlawful purpose, the District Magistrate can issue an order for Priya's immediate restoration to her family. The magistrate can use necessary force to ensure compliance with this order, thus safeguarding Priya's liberty and well-being.
Common Questions (FAQ)
Frequently Asked Questions about Section 101 BNSS
Q: What is the punishment or consequence under Section 101 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It focuses on the restoration of abducted females to their liberty or lawful guardians.
Q: Does this section apply to private individuals or public entities?
This section applies to the actions of any individual or entity involved in the abduction or unlawful detention of a woman or female child, but the order for restoration is made by a public authority, namely a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence per se but rather a procedural mechanism for rescue and restoration. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 101 BNSS
What is Section 101 of BNSS?
Section 101 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to compel restoration of abducted females". In plain terms: This section allows a District Magistrate or other authorized officials to order the immediate release of an abducted woman or female child and use necessary force to enforce this order.
What is the punishment under Section 101 of BNSS?
Section 101 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 101 of BNSS bailable or non-bailable?
Section 101 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 101 of BNSS?
The essential elements of Section 101 of BNSS are: A complaint made on oath regarding the abduction or unlawful detention of a woman or female child.; The complaint must be for an unlawful purpose.; The key legal test is whether the detention is unlawful and the purpose is illegal..
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