Bharatiya Nagarik Suraksha Sanhita, 2023
Section 101
Power to compel restoration of abducted females
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
Why this exists
This provision continues a long-standing safeguard (earlier found in the Code of Criminal Procedure) meant to protect women and girls from abduction, forced confinement, trafficking, or being held against their will for exploitation. Because such situations can be urgent and dangerous, the law gives magistrates a fast, direct route to intervene — instead of waiting for a full trial — as soon as a sworn complaint is made.
How courts read it
Courts have generally held that this power is meant for urgent, protective action and not as a substitute for a full trial on the abduction charge; magistrates must be satisfied there is a genuine case of unlawful detention or abduction before ordering restoration, and the order is aimed at securing the woman's or child's safety and liberty rather than settling custody or property disputes.
Common misconceptions
- Myth: This provision decides who is guilty of abduction.
Fact: It only allows quick action to free the woman or child; guilt or punishment for abduction is decided separately through a full criminal trial. - Myth: Any complaint, even informal, triggers this power.
Fact: The complaint must be made on oath (a sworn statement), not just a casual report or rumor.