Kidnapping is the taking away of a person by force, threat or deceit with intent to cause him or her to be detained against his or her will. Kidnapping may be done for ransom or for political or other purposes.
Section 359 IPC- Kidnapping is of two types:
- Kidnapping from India.
- Kidnapping from lawful guardian.
Section 360 IPC- Kidnapping from India
Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.
Section 361 IPC- Kidnapping from lawful guardian
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.
Section 363 of IPC lays down the punishment for the offence of kidnapping as defined in Sec 359. It says that whoever kidnaps any person from India or from lawful guardianship, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine.
By Shradhanjali Patra
Law Student, IME Law College, Ghaziabad
Legal Intern, Lex Excel – Advocates & Solicitors