What is Section 359 IPC? Kidnapping
Published on: Lawiz Team
Learn about Section 359 IPC: Kidnapping
Official Legal Text
Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
What This IPC Section Means – Explained in Simple Words
Section 359 defines 'Kidnapping' as taking away a person against their will, either from India or from lawful guardianship.
Purpose
To protect individuals, especially minors, from being taken away unlawfully.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section provides the definition of 'Kidnapping').
Key Types of Kidnapping
1. Kidnapping from India (Section 360). 2. Kidnapping from lawful guardianship (Section 361).
Illustrative Example
If a person takes a minor out of India without parental consent, it is kidnapping under Section 359.
Legal Defenses
If the person taken is an adult and leaves willingly, it is not kidnapping.
Related Sections
Related to Section 360 (Kidnapping from India) and Section 361 (Kidnapping from lawful guardianship).
Important Note
Kidnapping is a broader term that includes abduction under the IPC.
FAQs
What is kidnapping under IPC?
It is classified into kidnapping from India and kidnapping from lawful guardianship.
What are types of kidnapping?
Two types: Kidnapping from India and kidnapping from lawful guardianship.
Is kidnapping cognizable?
Yes, it is a cognizable offence.
What punishment for kidnapping?
Punishment is detailed in Sections 360, 361, and 363 IPC.
Example of kidnapping?
Taking a minor girl away without guardian's consent.
Is kidnapping bailable?
Generally, it is non-bailable.
Which court tries kidnapping?
Sessions Court.