Section 361 in The Indian Penal Code, 1860
361. Kidnapping from lawful guardianship.—
Whoever takes or entices any minor under sixteen years
person‖ is defined under the
IPC and the General Clauses Act, 1897 as under:-
A) Indian Penal Code , 1860
― Section 11 - The word ... Curiae submitted that there is a distinction between
Sections 360 and 361 IPC. He submitted that for the purposes of Section
360 IPC
give true effect to the purpose or rationale of the
penal provision in S.361 I.P.C, those expressions must be given
such ... meaning the same thing for the purposes of
S.361 of the Indian Penal Code. We would limit
ourselves to a case like the present
Hence, she was minor i.e. below 18 years and under Section 361 I.P.C., her consent or no consent is of no avail ... fine." Kidnapping from lawful guardianship has been defined under Section 361 I.P.C. that "whoever takes or entices any minor under sixteen
Indian Penal Code.
Section 363 Indian Penal Code is required to be read in conjunction with Section 359 Indian Penal Code and Section 361 Indian ... Section 363 Indian Penal Code read in conjunction with Section 361 Indian Penal Code are not satisfied. Section 361 Indian Penal Code inheres that offence
between the
expressions "takes" and "entices" in S. 361 I.P.C. in
certain cases, the meaning may overlap also ... give true effect to the purpose of
rational of the penal provision in S. 361 I.P.C., those
expressions must be given such
which the accused has been charged.
Section 361 of the Indian Penal Code
( IPC ): Kidnapping from Lawful
Guardianship "Whoever takes or
entices ... meaning the same thing for the purposes of s.
361 of the Indian Penal Code. We would limit
ourselves to a case like the present
section 366 , Indian Penal Code. In
order that an accused person may be guilty of
offence under section 366 , Indian Penal Code,
prosecution ... must show that there was either
kidnaping or abduction. Section 361 , Indian
Penal Code, which defines 'kidnaping' says
that when any person takes
Indian Penal Code . S. 366-When a person "takes" or
"entices" away a minor girl from the custody of her lawful ... meaning ,the same thing for the
purposes of s. 361 of the Indian Penal Code.
We would limit ourselves to a case like the
present
offence under Sections 363 / 366 of the Indian Penal Code.
7. Section 363 of the Indian Penal Code inheres that whoever kidnaps any person from ... from lawful guardianship" has been defined under Section 361 of the Indian Penal Code. The provision when extracted reads as under:-
"Whoever takes