IPC Section 361 — Kidnapping from lawful guardianship

kidnapping, abduction, slavery and forced labour

Criminal

Summary

This section defines kidnapping as taking or luring a minor boy under 16, a minor girl under 18, or any person of unsound mind away from their lawful guardian without that guardian’s permission. The act is considered kidnapping regardless of whether the minor or person of unsound mind agrees to go. The key element is that the person is removed from the guardian’s lawful care without consent.

Official Text

Whoever takes or entices any minor under sixteen years of age if a male, or under 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.

Related Judgments

  • SHAIK AHMED vs STATE OF TELANGANA — Supreme Court of India (2021)
  • S. VARADARAJAN vs STATE OF MADRAS — Supreme Court of India (1964)
  • STATE OF HARYANA vs RAJA RAM — Supreme Court of India (1972)
  • VIKRAM SINGH@ VICKY &ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2015)

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