Section 361 - Kidnapping from lawful guardianship | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

Indian Penal Code, 1860

361. Kidnapping from lawful guardianship

Whoever takes or entices any minor under 155[sixteen] years of age if a male, or under 156[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 of custody of such minor or other person.

Explanation- 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 lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

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].

The Bharatiya Nyaya Sanhita, 2023 Of kidnapping, abduction, slavery and forced labour

137. Kidnapping.

(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship-

(a) whoever conveys any person beyond the limits of 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 India;

(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.

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

Exception.-This clause 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.

(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.