What is Section 361 IPC? Kidnapping from lawful guardianship
Published on: Lawiz Team
Learn about Section 361 IPC: Kidnapping from lawful guardianship
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 361 defines 'Kidnapping from Lawful Guardianship' as taking away a minor (under 16 for males, under 18 for females) or a person of unsound mind from their lawful guardian without consent.
Purpose
To protect minors and individuals of unsound mind from being unlawfully taken away from their lawful guardians.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The victim must be a minor (below 16 for males, below 18 for females) or a person of unsound mind. 2. The victim must be taken from their lawful guardian. 3. The act must be without the guardian's consent.
Illustrative Example
If a person takes a 15-year-old girl away from her parents without their consent, it is kidnapping under Section 361.
Legal Defenses
If the person taken is an adult and leaves willingly, or if the guardian consents, it is not kidnapping.
Related Sections
Related to Section 360 (Kidnapping from India) and Section 363 (Punishment for Kidnapping).
Important Note
Kidnapping from lawful guardianship applies even if the child goes willingly without parental consent.
FAQs
What is kidnapping from lawful guardianship?
Taking or enticing away a minor or person of unsound mind from lawful guardian without consent.
Punishment under Section 361 IPC?
Punishable under Section 363 IPC with up to 7 years imprisonment and fine.
Is it cognizable?
Yes, it is cognizable and non-bailable.
Example under Section 361 IPC?
Taking a minor girl to another town without guardian's permission.
How to file?
File FIR at police station mentioning the abduction details.
Which court tries Section 361 IPC?
Sessions Court jurisdiction.
Available defence?
Belief that the person kidnapped was major or acting in good faith for welfare.