Welcome to IPC Sections
In the last blog we had a look on Kidnapping IPC Section 366.
Today we discuss IPC sections no 360 and 361.
According to IPC section 359 Kidnapping can be of two types which are defined by IPC Sections 360 & 361.
1. IPC Section 360 Kidnapping from India
According to this section , whoever , conveys any person beyond the limits of India , without the consent of that person or of some person legally authorized to consent on behalf of that person , is said to commit the offence of kidnapping from India .
2. IPC Section 361 Kidnapping from the Lawful Guardianship
According to this section , whoever takes or entices a minor male under 16 years of age if a male , or under 18 years of age if a female , or any person of unsound mind , out of the keeping of the lawful guardianship of such minor or person of unsound mind , without the consent of such guardian , is said to commit the offence of kidnapping from lawful guardianship .
The words lawful guardianship in this section includes any person lawfully entrusted with the care or custody of such minor or other person .
The essential elements of the offence of kidnapping from lawful guardianship are as follows :-
a) The offender took or enticed away a minor or a person of unsound mind ;
b) Such minor , if male , must be under 16 years of age , and if female must be under 18 years of age ;
c) The act must be one of taking or enticing out of the keeping of the lawful guardianship of such minor or person of unsound mind ;
d) The act of taking or enticing out must be done without the consent of the lawful guardian.
In year 2010 According to the High Court
It will not be called as Kidnapping if Girl goes on her own choice.
According to this report, there has to be taking or enticing of a minor from the lawful guardianship of her parents/guardian. If the minor, of her own, abandons the guardianship of her parents and joins a boy, without any role having been played by the boy in her abandoning the guardianship of her parents and without her having been subjected to any kind of pressure, inducement, etc. and without any offer or promise from the accused, no offence punishable underthis IPC section will be made out when the girl is aged more than 16 years and is mature enough to understand what she is doing."
In the last blog we had a look on Kidnapping IPC Section 366.
Today we discuss IPC sections no 360 and 361.
According to IPC section 359 Kidnapping can be of two types which are defined by IPC Sections 360 & 361.
1. IPC Section 360 Kidnapping from India
According to this section , whoever , conveys any person beyond the limits of India , without the consent of that person or of some person legally authorized to consent on behalf of that person , is said to commit the offence of kidnapping from India .
2. IPC Section 361 Kidnapping from the Lawful Guardianship
According to this section , whoever takes or entices a minor male under 16 years of age if a male , or under 18 years of age if a female , or any person of unsound mind , out of the keeping of the lawful guardianship of such minor or person of unsound mind , without the consent of such guardian , is said to commit the offence of kidnapping from lawful guardianship .
The words lawful guardianship in this section includes any person lawfully entrusted with the care or custody of such minor or other person .
The essential elements of the offence of kidnapping from lawful guardianship are as follows :-
a) The offender took or enticed away a minor or a person of unsound mind ;
b) Such minor , if male , must be under 16 years of age , and if female must be under 18 years of age ;
c) The act must be one of taking or enticing out of the keeping of the lawful guardianship of such minor or person of unsound mind ;
d) The act of taking or enticing out must be done without the consent of the lawful guardian.
In year 2010 According to the High Court
It will not be called as Kidnapping if Girl goes on her own choice.
According to this report, there has to be taking or enticing of a minor from the lawful guardianship of her parents/guardian. If the minor, of her own, abandons the guardianship of her parents and joins a boy, without any role having been played by the boy in her abandoning the guardianship of her parents and without her having been subjected to any kind of pressure, inducement, etc. and without any offer or promise from the accused, no offence punishable underthis IPC section will be made out when the girl is aged more than 16 years and is mature enough to understand what she is doing."
