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What is Kidnapping from India? What is kidnapping from lawful guardianship? What is abduction? Section 360, 361 and 362 of Indian Penal Code 1860

Kidnapping from India, Kidnapping from Lawful Guardianship and abduction under Indian Penal Code is defined under Section 360, 361 and 362 of Indian Penal Code 1860. Provisions under these sections are:




Section 360 of Indian Penal Code. "Kidnapping from India"

Whoever conveys any person beyond the limits of 1 [India] without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from 1 [India].


1. The words "British India" have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.


Section 361 of Indian Penal Code. "Kidnapping from Lawful Guardianship"

Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

Explanation.- The words "lawful guardian" in this section include any person lawfully entrusted with the care or custody of such minor or other person.

Exception.-This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.


1. Subs. by Act 42 of 1949, s. 2, for "fourteen".

2. Subs. by s. 2, ibid., for "sixteen".

STATE AMENDMENTS Union of Territory of Manipur:

In its application to Union Territory of Manipur, in section 361 for the words 'eighteen' substitute the word 'fifteen'. [Vide Act No. 30 of 1950].

Section 362 of Indian Penal Code. "Abduction"

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.


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