What is Kidnapping? What is the punishment for Kidnapping? Section 359 and 363 of Indian Penal Code 1860.

Kidnapping and Punishment of Kidnapping under Indian Penal Code is defined under Section 359, and 363 of Indian Penal Code 1860. Provisions under these sections are:

 

Section 359 of Indian Penal Code. "Kidnapping"

Whoever conveys any person beyond the limits of [India] without the consent of that person, or of some person legally authorised to consent on behalf of the person, is said to kidnap that person from [India].

Section 363 of Indian Penal Code. "Punishment for Kidnapping"

Whoever kidnaps any person from [India] or front lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 363A of Indian Penal Code. "Kidnapping or maiming a minor for purposes of begging"
(1) Whoever Kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in order that such minor can be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.

(4) In this section,-

(a) "begging," means-

(i) soliciting or receiving, alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise;

(ii) entering on any private premises for the purpose of soliciting or receiving alms;

(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; .

(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;

(b) "minor" means-

(i) in the case of a male, a person under sixteen years of age; and

(ii) in the case of a female, a person under eighteen years of age.

KIDNAPPING, ABDUCTION, SLAVERY AND FORCED LABOUR

Section 359, 363 and 363A of Indian Penal Code - What is Kidnapping? What is the punishment for kidnapping?

Section 360, 361 and 362 of Indian Penal Code - What is Kidnapping from India?, What is Kidnapping from lawful guardianship? What is Abduction?

Section 364, 364A and 365 of Indian Penal Code - What is Kidnapping or abducting in order to murder? What is kidnapping for ransom etc? What is kidnapping or abducting with intent secretly and wrongfully to confine person?

Section 366, 366A and 366B of Indian Penal Code - What is kidnapping or inducing woman to compel marriage etc? What is Procuration of Minor Girl? What is importation of minor girl from foreign country? What is punishment?

Section 367, 368, 369, 370 and 371 of Indian Penal Code 1860 - What is Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc? What is Wrongfully concealing or keeping in confinement, kidnapped or abducted person? What is Kidnapping or abducting child under ten years with intent to steal from its person? Buying or disposing of any person as a slave, Habitual dealing in slaves. What is punishment?

Section 372 and 373 of Indian Penal Code 1860 - What is selling minor for the purpose of prostitution etc? What is buying minor for the purpose of prostitution? What is the punishment?

 

 

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