![]() ![]() A person must take or entice another person.The essential elements that are required for an act to be called as an offence under this section are: This section also extends its protection to the people of unsound mind. It states that a minor person, below the age of sixteen in case of a male, and below the age of eighteen in case of a female, cannot be taken away without the consent of his/her parents or any lawful guardian who is to give consent on his/her behalf. Section 361 of IPC makes kidnapping from the lawful guardian an offence. Here, the offence of kidnapping though not complete, amounts to the offence of attempt to kidnap from India. The words “beyond the limits of India” means that the moment a person is taken outside the geographical territory of India without his consent.Įxample: ‘A’ kidnaps ‘B’ and tries to escape from the country but, on his way before reaching the other country, Police caught him. The word “convey” under Section 360 of IPC means carrying a person to another destination. ![]() Such taking away of a person must be without his/her consent, or without the consent of the legally authorized person on his behalf.A person must be taken away to a place which is beyond the limits of India.The essentials of Section 360 of IPC are – Section 360 of IPC provides the meaning of Kidnapping from India and Section 363 of IPC lays down the punishment of the offence. Kidnapping from lawful guardianship, provided under section 361 of IPC.Kidnapping from India provided under section 360 of IPC.Section 359 of IPC divides kidnapping into two parts – Therefore, the literal meaning of kidnapping stands to be stealing a child. The word kidnapping has been derived from the word “kid” which in English means “a child”, and “napping” which means “to steal”. Kidnapping and Abduction are two particular offences under IPC. Aggravated forms of Kidnapping and Abduction.The distinction between Kidnapping and Abduction. ![]()
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