meaning the same thing for the
purposes of Section 361 of the Indian Penal
Code.We would limit ourselves to a case
like the presentwhere ... words "takes" and "entices", as used in Section 361 , I.P.C.
are, in our opinion, intended to be read together
offence of kidnapping
from lawful guardianship is punishable under Section 361 of the IPC,
as a minor is entitled to enjoy the safe ... includes the offence of kidnapping / abduction.
14. Sections 359 and 361 of the IPC provide as under:-
"359. Kidnapping.-Kidnapping
offence of kidnapping
from lawful guardianship is punishable under Section 361 of the IPC,
as a minor is entitled to enjoy the safe ... includes the offence of kidnapping / abduction.
14. Sections 359 and 361 of the IPC provide as under:-
"359. Kidnapping.-Kidnapping
punishable under Section 363 of the IPC of the Indian
Penal Code as defined under section 361 of the said
code is made ... 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
words "takes" and
"entices', as used in s. 361 I.P.C. are,
in our opinion, intended to be read
together ... cannot be considered to have committed
the offence as defined in s. 361 I.P.C.
But if the guilty party has laid a
foundation
Indian Penal
Code. However, charge-sheet was submitted against the accused under
Section 366A / 376(2)(i) of the Indian Penal Code and Section ... prove ingredients of offence of kidnapping
contemplated in Section 361 of the Indian Penal Code and applying
Section 222 of the Code of Criminal Procedure
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 ... takes" and "entices', as 'used
in s. 361 I.P.C . are, in our opinion,
intended to be read together
light of the facts and circumstances of the present case, Section
361 IPC becomes relevant i.e. kidnapping from lawful guardianship. Section 361 ... person
from lawful guardianship.
Now, the essential ingredients pertaining to Section 361 IPC are as
under:-
a. taking or enticing.
b. A minor
under
section 361 IPC which is punishable u/s 363 IPC and both sections are as under:
361. Kidnapping from lawful ... takes' and 'entices', as used in
Section 361 IPC are in our opinion, intended to be read together so that
Kidnapping. Kidnapping is defined under Section 361 IPC.
Section 361 IPC- Kidnapping from lawful guardianship :
Whoever takes or entices any minor ... 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
