Section 359 of the Indian Penal Code classifies kidnapping into two categories are as follows
1) Kidnapping From India, and
2) Kidnapping from Lawful guardianship
1) Kidnapping from India:
Section 360 of the Indian Penal Code defines kidnapping from India as "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.
The offence under Section 360 of I.P.C may be committed in respect of any person, male or female, minor or major and irrespective his nationality.
2) Kidnapping from Lawful guardianship (Section361, I.P.C)
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.
Explanation.-
The words "lawful guardian" in this section include any person lawfully entrusted with the care or 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 the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
Punishment for kidnapping.
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.
See also
1) Difference between Giving false Information and Giving false Evidence
2) Defamation under the Indian Penal Code
3) Distinction between Dishonestly and Fraudulently
4) Difference between Culpable Homicide and Murder
5) Distinction / Difference between wrongful Restraint and Wrongful Confinement
1) Kidnapping From India, and
2) Kidnapping from Lawful guardianship
1) Kidnapping from India:
Section 360 of the Indian Penal Code defines kidnapping from India as "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.
The offence under Section 360 of I.P.C may be committed in respect of any person, male or female, minor or major and irrespective his nationality.
2) Kidnapping from Lawful guardianship (Section361, I.P.C)
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.
Explanation.-
The words "lawful guardian" in this section include any person lawfully entrusted with the care or 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 the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
Punishment for kidnapping.
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.
See also
1) Difference between Giving false Information and Giving false Evidence
2) Defamation under the Indian Penal Code
3) Distinction between Dishonestly and Fraudulently
4) Difference between Culpable Homicide and Murder
5) Distinction / Difference between wrongful Restraint and Wrongful Confinement
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