Section 101 of BNSS : Section 101: Power to compel restoration of abducted females.
BNSS
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Explanation using Example
Example 1:
Scenario: A young woman, Priya, aged 22, is abducted by a local gang and unlawfully detained for forced labor in a remote area. Her family files a complaint on oath to the District Magistrate about her abduction and unlawful detention.
Application of the Act:
- Complaint Lodging: Priya’s family submits a complaint on oath to the District Magistrate, detailing the abduction and unlawful detention.
- Magistrate's Order: The District Magistrate, upon reviewing the complaint, issues an order for the immediate restoration of Priya to her liberty.
- Enforcement: The Magistrate directs the local police force to locate Priya and ensure her safe return.
- Use of Force: If necessary, the police use force to enter the premises where Priya is held, overcoming resistance from the gang.
- Restoration: Priya is safely returned to her family, and the gang members are arrested for their illegal activities.
Example 2:
Scenario: A 14-year-old girl, Meena, is kidnapped by her estranged uncle and taken to another city to force her into marriage. Meena’s legal guardian, her mother, files a complaint on oath to the Sub-divisional Magistrate.
Application of the Act:
- Complaint Lodging: Meena’s mother submits a complaint on oath to the Sub-divisional Magistrate, describing the kidnapping and unlawful purpose of forced marriage.
- Magistrate's Order: The Sub-divisional Magistrate issues an immediate order for Meena’s restoration to her mother.
- Enforcement: The Magistrate instructs the police to locate Meena and return her to her lawful guardian.
- Use of Force: The police track down Meena’s location, where the uncle resists their attempts to take Meena back. The police use necessary force to rescue Meena.
- Restoration: Meena is safely returned to her mother, and legal action is taken against the uncle for kidnapping and attempting to force a marriage.
Example 3:
Scenario: A 30-year-old woman, Kavita, is unlawfully detained by her employer, who confiscates her identification documents and restricts her movements to prevent her from leaving the job. Kavita manages to inform a friend, who files a complaint on oath to the Magistrate of the first class.
Application of the Act:
- Complaint Lodging: Kavita’s friend submits a complaint on oath to the Magistrate of the first class, outlining Kavita’s unlawful detention by her employer.
- Magistrate's Order: The Magistrate of the first class issues an order for Kavita’s immediate release from unlawful detention.
- Enforcement: The Magistrate orders the police to intervene and secure Kavita’s release.
- Use of Force: The police confront the employer, who refuses to comply. They use necessary force to liberate Kavita from the workplace.
- Restoration: Kavita is freed and provided assistance to regain her identification documents and return to her normal life. Legal proceedings are initiated against the employer for unlawful detention.
Example 4:
Scenario: A 16-year-old girl, Rina, is taken by a neighbor under the pretense of providing her with a better education but is instead made to work as domestic help in another town. Rina’s guardian files a complaint on oath to the District Magistrate.
Application of the Act:
- Complaint Lodging: Rina’s guardian submits a complaint on oath to the District Magistrate, describing the deceitful abduction and forced labor situation.
- Magistrate's Order: The District Magistrate issues an immediate order for Rina’s return to her guardian.
- Enforcement: The District Magistrate instructs the police to locate and return Rina.
- Use of Force: The police find Rina working in harsh conditions and use necessary force to bring her back.
- Restoration: Rina is safely returned to her guardian, and the neighbor faces charges for abduction and child labor.
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