The term kidnapping originated during the 17 th century. The literal meaning of kidnapping is child stealing but the word kidnapping isn’t confined to child stealing under Indian Penal Code.
Section 359 of Indian Penal Code
Section 359 of Indian Penal Code states that there are two kinds of kidnapping –
- Kidnapping from India
- Kidnapping from lawful guardianship
Section 360 of Indian Penal Code
Section 360 of Indian Penal Code talks about kidnapping from India. It states that if a person conveys another person beyond the limits of India, without his consent or without the consent of a legally authorised person who has the right to give consent on behalf of that person. In such cases, the person is said to commit kidnapping from India.
Under this section, age or sex doesn’t matter. It means a person can be minor or major, male or female
The act shall be constituted as an offence under this section when the person reaches the destination.
Ingredients–
- Conveys any person beyond the limits of India
- Without the consent of person
- Or without the consent of a legally authorised person who has the right to give consent on behalf of that person
Section 361 of Indian Penal Code
Section 361 of Indian Penal Code talks about kidnapping from lawful guardianship. It states that if a person takes or entices any minor (male) under the age of sixteen years or female minor under the age of eighteen years or any person of unsound mind, keeping out of the reach of their lawful guardian, without their consent. In such cases, the person is said to commit kidnapping from lawful guardianship.
However, there are certain expectations –
- This section doesn’t apply to the one who in good faith believes himself to be the father of an illegitimate child.
- Or the one who in good faith believes himself to have the lawful custody of the child.
Here the act should not be immoral or to commit any unlawful activities but with good faith.
