What is Section 369 IPC? Kidnapping or abducting child under ten with intent to steal
Published on: Lawiz Team
Learn about Section 369 IPC: Kidnapping or abducting child under ten with intent to steal
Official Legal Text
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, 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 369 punishes anyone who kidnaps or abducts a child under ten years of age with the intention of stealing from the child.
Purpose
To protect young children from being kidnapped or abducted for the purpose of theft.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. The victim must be a child under 10 years. 2. The child must be kidnapped or abducted. 3. The intent must be to steal from the child.
Punishment Details
Imprisonment of up to seven years, and a fine.
Illustrative Example
If a person kidnaps a young child to steal the gold chain they are wearing, it is an offence under Section 369.
Legal Defenses
If the accused can prove that they had no intention to steal, they may be acquitted.
Related Sections
Related to Section 363 (Punishment for Kidnapping) and Section 370 (Trafficking of persons).
FAQs
What is Section 369 IPC?
Kidnapping a child under 10 years to steal from the child’s body (like ornaments).
Punishment under Section 369 IPC?
Imprisonment up to 7 years and fine.
Is it cognizable?
Yes, cognizable and non-bailable.
Example situation?
Kidnapping a baby to steal earrings.
Court for Section 369 IPC?
Sessions Court.
How to file complaint?
Filing FIR with complete incident details.
Possible defence?
Mistaken identity may be claimed.