What is Section 363 IPC? Punishment for kidnapping
Published on: Lawiz Team
Learn about Section 363 IPC: Punishment for kidnapping
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 363 provides punishment for kidnapping, whether it is from India or from lawful guardianship.
Purpose
To ensure accountability for anyone who engages in the unlawful act of kidnapping.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If a person kidnaps a minor girl from her lawful guardians without consent, they are punishable under Section 363.
Legal Defenses
If the person kidnapped is an adult and goes willingly, or if the guardian consents, it is not kidnapping.
Related Sections
Related to Section 361 (Kidnapping from lawful guardianship) and Section 362 (Abduction).
Important Note
The severity of punishment may vary based on the nature of the kidnapping.
FAQs
What is punished under Section 363 IPC?
Kidnapping from India or from lawful guardianship.
Punishment under Section 363 IPC?
Imprisonment up to 7 years and fine.
Is Section 363 IPC cognizable?
Yes, it is cognizable and non-bailable.
Example of offence?
Taking a 15-year-old boy away without parental consent.
Is bail available?
Depends on court discretion.
How to file?
Police complaint with evidence of kidnapping.
Jurisdiction?
Sessions Court.