Kidnapping
Kidnapping means removing an individual without wanting his/her will forcibly, threat or deceit. Normally, the motivation behind the kidnapping is to get a ransom, or for some political or different purposes and so. Kidnapping is classified into 2 categories in Section 359 of the IPC and defined in Section 360 and 361 of the IPC. We should comprehend these areas better.
As per Section 359 of the IPC, Kidnapping is of two types:
- Kidnapping from India,(Section:- 359)
- Kidnapping from lawful guardianship.(Section:- 361)
Kidnapping from India: Section 360
According to Section 360 of the Indian Penal Code 1860, Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to give consent on behalf of that person, is said to kidnap that person from India.
To invoke Section 360 following ingredients are to be fulfilled:-
(1) That the person kidnapped was in India at the time of offense.
(2) That the accused conveyed such a person beyond the geographical limits of India.
(3) Without the consent of that person, OR of someone who is legally authorized to give consent on behalf of that person.
FAQs about Kidnapping under the Indian Penal Code
Kidnapping, as per the IPC, involves forcefully, deceitfully, or threateningly removing an individual without their consent. It is classified into two categories: kidnapping from India and kidnapping from lawful guardianship.
Kidnapping from India occurs when someone takes a person beyond the geographical limits of India without the consent of that person or someone legally authorized to give consent on their behalf.
To invoke Section 360, the following elements must be fulfilled:
a) The person kidnapped was in India at the time of the offense. b) The accused conveyed the person beyond the geographical limits of India. c) This was done without the consent of the kidnapped person or someone legally authorized to give consent on their behalf.
Kidnapping from Lawful Guardianship occurs when someone takes away or entices a minor (below 16 years for boys and below 18 years for girls) or a person of unsound mind from the care and protection of their lawful guardian without their consent.
Read also:- IPC Section 358: Assault Or Criminal Force On Grave Provocation
