![]() ‘J’ had tried to seduce the prosecutrix, a girl of 14 years to come and live with him. To understand this better let’s look at the case of State of Haryana v. Hence, If in the above illustration, ‘B’ believes that ‘A’ is his illegitimate son, then his act of convincing him to come to his house without his mother’s consent would not result in kidnapping from lawful guardianship. He is the father of an illegitimate child.He is entitled to the lawful custody of the child or.It says that it does not result in the crime of kidnapping from lawful guardianship, if the person in good faith, i.e, honestly with reason, believes that: Here, the minor is ‘A’ the lawful guardian is his mother, ‘Z’ and the person who is committing the offence is ‘B’ as he is taking A away from ‘Z’ against Z’s consent. According to Section 361, ‘B’ has committed the offence of Kidnapping from lawful guardianship. ‘B’ ‘convinces him to accompany him to his house against the consent of his mother. Illustration: ‘ A’ is a boy of 13 years of age, living under the lawful guardianship of his mother, ‘Z’. Thus, the essentials of kidnapping from lawful guardianship are: According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. ![]() Section 361 explains kidnapping from lawful guardianship. ‘B’ committed the offence of kidnapping ‘A’ from India. ‘B takes ‘A’ to Bangladesh without her consent. Illustration: ‘ A’ is a woman living in New Delhi. According to section 360, if any person takes a person beyond the limits of India against the consent of that person or against the consent of someone who is legally entitled to give consent on that person’s behalf, then the offence of kidnapping from India is committed. Section 360 explains kidnapping from India. These two types are explained in Section 360 and 361. Let’s understand these sections better.Īs per Section 359 of the Indian Penal Code, Kidnapping is of two types: ![]() Kidnapping is classified into two categories in Section 359 of the Indian Penal Code and defined in Section 360 and 361 of the Indian Penal Code. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. ![]() Kidnapping means taking away a person against his/her will by force, threat or deceit. In this article, we will discuss these provisions in detail, understand the essentials of kidnapping and abduction, discuss the difference between kidnapping and abduction and also discuss the provisions regarding forced slavery, labour and sale and purchase of minors for illegal purposes. Section 359 to 374 of Indian Penal Code, 1860 provides for punishments for these offences. Such offences are an attack on the liberty and freedom of citizens and must be prevented. People have continued to take advantage of the tender age of minors to kidnap them and exploit and force them to perform horrendous acts. Though, Indian laws prohibit abduction and kidnapping, since 2005, more than 100,000 kidnapping and abduction cases have come up in India.
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