The Bharatiya Nyaya Sanhita (BNS), 2023 does not lay down procedures or laws relating directly to adoption or civil guardianship, as these matters continue to be governed by separate statutes such as the Juvenile Justice Act, the Guardians and Wards Act, and various personal laws. However, BNS plays a significant protective role by ensuring that children and persons of unsound mind cannot be unlawfully taken away from their lawful guardians under any circumstances. The most relevant provision in this regard is Section 137, which deals with “Kidnapping from Lawful Guardianship.” This section makes it a criminal offence to take or entice a child or a person of unsound mind out of the custody of their lawful guardian without their consent. The term “lawful guardian” under BNS includes not only biological parents but also adoptive parents, court-appointed guardians, relatives legally entrusted with care, and childcare institutions responsible for the safety and supervision of minors. By imposing strict penalties—including imprisonment for up to seven years and fines—BNS ensures that no person can disturb the lawful custody or guardianship of a child.

This protection becomes especially important in contexts involving adoption and foster care, where children may be more vulnerable to illegal custody transfers, trafficking, exploitation, or manipulation. While BNS does not determine how adoption is granted, it strengthens the safety of adopted children by ensuring that no one can remove them from their adoptive parents without legal authority. It also safeguards guardianship arrangements created by courts, ensuring that children placed under the guardianship of relatives, foster families, or institutions remain protected from unauthorized interference. Additionally, Section 137 contains a “good faith” exception, which applies only when someone genuinely believes they have lawful custody—such as a biological father acting under honest belief—but even this exception does not apply if the act is done for an unlawful or immoral purpose.

Through these provisions, BNS acts as a criminal shield around all forms of legally recognized guardianship, providing an additional layer of protection to ensure that the welfare, security, and custodial stability of minors remain undisturbed. In essence, while adoption and guardianship are established through civil or family laws, the Bharatiya Nyaya Sanhita ensures that these legal bonds cannot be violated through force, deceit, or unlawful conduct, thereby upholding the safety and integrity of children within the adoption and guardianship system.