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Child Kidnap





Section 359, The Indian Penal Code, 1860.

(Kidnapping)

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

  • Kidnapping is of two kinds. But there may be cases in which the two kinds overlap each other. For instance, a minor may be kidnapped form India as well as lawful guardianship.

1. Kidnapping from India (Section.360, The Indian Penal Code, 1860)


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.

2. Kidnapping from lawful guardianship (Section.361, The Indian Penal Code, 1860).

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.

Punishment.

1. Punishment for Kidnapping. (Section 363, The Indian Penal Code, 1860.)

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.

2. Kidnapping, abducting or inducing woman to compel her marriage, etc.(Section 366,The Indian Penal Code,1860.)

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion , induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.

3. Procuration of minor girl.(Section 366A, The Indian Penal Code,1860.)

Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

4.Importation of girl from foreign country. (Section 366B, The Indian Penal Code,1860)

Whoever, imports into India from any country outside India or from the state of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

5. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. (Section 367,The Indian Penal Code,1860)

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger or being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

6. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. (Section 368, The Indian Penal Code,1860)

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intension or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement,

7. Kidnapping or abducting child under ten years with intent to steal from its person. (Section 369,The Indian Penal Code,1860) .

Whoever kidnaps or abducts any child under the age of ten years with the intension of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.