Section 361.   [ View Judgements ]

Kidnapping from lawful guardianship


Section 361. Kidnapping from lawful guardianship

Whoever takes or entices any minor under 1[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.

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

Exception: - 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 Manipur Act No.30 of 1950, sec. 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, sec. 3 (w.e.f. 25-1-1972)].

1. Substituted by the INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1949

2. Substituted by the 
INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1949

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