What is Section 360 IPC? Kidnapping from India
Published on: Lawiz Team
Learn about Section 360 IPC: Kidnapping from India
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 360 defines 'Kidnapping from India' as taking a person out of the territory of India without their consent or lawful authority.
Purpose
To protect individuals from being unlawfully taken out of India without their consent.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The person must be taken out of India. 2. The act must be without consent. 3. The act must be without lawful authority.
Illustrative Example
If a person is forcefully taken across the Indian border without their consent, it is kidnapping from India.
Legal Defenses
If the person is an adult and willingly travels, it is not kidnapping.
Related Sections
Related to Section 359 (Kidnapping) and Section 361 (Kidnapping from lawful guardianship).
Important Note
Kidnapping from India is a specific type of kidnapping under IPC.
FAQs
What is kidnapping from India?
Conveying any person beyond India's borders without their consent.
What is punishment for kidnapping from India?
Imprisonment up to 7 years and fine.
Is it a cognizable offence?
Yes, it is cognizable and non-bailable.
Example of kidnapping from India?
Taking a minor abroad without parental consent.
Where to file complaint?
Police station with jurisdiction over the place of occurrence.
Court jurisdiction?
Sessions Court jurisdiction.
Possible defences?
Consent of person transported is a defence.