KIDNAPPING AND ABDUCTION : Section 359, 360, 361, 362 and 363

In today's blog, I will write down about 'Kidnapping', 'Abduction', and the Sections relating to kidnapping and abduction in the Indian Penal Code, 1860. I hope this blog helps you to understand these Sections in a much better way and guides you in your exam preparations. So, Let's begin...

Section 359 of the Indian Penal Code:

It provides two kinds of kidnapping ; 
1. Kidnapping from India: Section 360 
2. Kidnapping from lawful guardianship: Section 361 



SECTION 360 - KIDNAPPING FROM INDIA. 

When a person of any age group in the absence of his/her consent is conveyed beyond the limits of India, or in absence of the consent of someone authorised to give consent in case of boys under 16 or girls under 18 years of age. 

The term 'Consent' has been specified in Section 90 of the Indian Penal Code. 

MAIN INGREDIENTS -

1. The offence of kidnapping is committed in India ;
2. The person conveyed outside the territorial limits of India ; and
3. Without the consent of someone authorised to give consent in case of boys under 16 or girls under 18 years. 

SECTION 361 - KIDNAPPING FROM LAWFUL GUARDIANSHIP.

Taking away any minor under 16 years of age in case of a male, or under 18 years of age in case of a female, or any person of unsound mind, out of the lawful guardianship without the consent of such guardian. 

MAIN INGREDIENTS - 

1. Taking away of a minor of a person of unsound mind ; 
2. The minor must be under 16 years of age in case of a male, or under 18 years of age in case of a female ; 
3. Taking away should be out of the lawful guardianship ; 
4. In the absence of the consent of such guardian. 

Thakurlal D. Vadgama v. State, (1973) 2 SCC 413, the use of criminal force is not required for the offence under Section 361, the Court clarified. 

Prakash v. State of Haryana, AIR 2004 SC 227, Court held that the minor's consent is wholly immaterial under Section 361. 

SECTION 362 - ABDUCTION.

The term 'Abduction' is defined under this section. Compulsion by force or inducement by any deceitful means are the two essential ingredients of abduction. 

Abduction per se is not an offence and therefore it is also not punishable. But abduction becomes a punishable offence ;
1. when done with the intention of committing murder (Section 364) ;
2. when done for the purpose of confining a person secretly or wrongfully (Section 365) ;
3. when done with the intention of inducing a woman to compel her marriage (Section 366) ;
4. when done with the purpose of subjecting a person to grievous hurt (Section 367) ;
5. when done with the intention of stealing a child (below 10 years) from its person (Section 369). 


SECTION 363 - PUNISHMENT FOR KIDNAPPING. 

The offence of kidnapping any person from India or from lawful guardianship shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine. 

Chandrakala v. Vipin Menon, (1993) 2 SCC 6, the Supreme Court held that father cannot be convicted for the offence of kidnapping his own daughter as he being a natural guardian of his minor daughter.

Reference Links:

3. IPC

No comments:

Post a comment

Ad 1

Followers

Home

Subscribe Us Our Food Channel

Blog Archive

Newsletter

Translate

Powered by Blogger.