Kidnapping (Section 359): It means, carrying a child by illegal force. Kidnapping is of two kinds. 1) Kidnapping from India 2) Kidnapping from lawful guardianship. 1. Kidnapping from India (Section 360): It means carrying away a person beyond the territorial limits of India against its consent. 2. Kidnapping from lawful guardianship (Section 361): The object of these sections is to protect the minor children from being seduced for improper purposes, & also to protect the rights of the guardians. As per Sec- 359, if a person takes away or entices a minor, under 16 if a male, and under 18 if a female, or any person of unsound mind, from the lawful custody of guardianship, without the consent of such guardian, he is guilty of kidnapping. Essentials: 1. Lawful guardian means any person who is lawfully entrusted with the care and custody of such minor or other person. Exception: If a person in good faith believes that he is the father of an illegitimate child, he is not guilty. But he b...
B.A. LL.B (Advocate)