Section 361 is read into Section 363 the definition section is surplusage. But that is not so. Section 363 embraces the offence defined in Section ... only "in this section," i.e., Section 361.
14. Mr. Rao refers to the sections which follow Section 363. These lay down punishments
argued that this important ingredient in the offence of kidnapping under Section 361 that Sheela was under 18 years age was not brought home ... abduction under Section 366, when the prosecution failed to prove the ingredient of age for the offence of kidnapping under Section 361. Their Lordships
convenient to consider the provisions of Section 361 and the Explanation to it. Section 361 defines "kidnapping from lawful guardianship". It deals with ... kidnapping.
That, we think, could not have been intended to be the result of the definition of "kidnapping" mentioned in Section 361
custody of the husband by the mother would not amount to kidnapping Sec. 361 of the I.P.C is as follows:--
"Whoever takes ... said to kidnap such minor or person, from lawful guardianship.
Explanation :-- The words 'lawful guardian' in this section Include any person lawfully entrusted
Section
361 read with Sections 363 , 364 and 364A ought to be compared.
The said provisions read as under:
Section 361 : Kidnapping from lawful
guardianship ... said to kidnap such minor or
person from lawful guardianship.
Explanation.--The words "lawful guardian" in
this section include any person lawfully
look into the provisions of the Sections 361 , 363 and
366 of the Indian Penal Code.
361. Kidnapping from lawful guardianship. Whoever
takes or entices ... kidnapping(a) kidnapping from India and (b) kidnapping from lawful
guardianship. We are not concerned with the offence of kidnapping from
India. Section 361 defines
guardianship. Mr. Prajapati places reliance on the
provisions of Section 361 , Section 363 and Section 366
of the Indian Penal Code. Mr. Prajapati submits that ... look into the provisions of the
Sections 361 , 363 and 366 of the Indian Penal Code.
"361. Kidnapping from lawful guardianship. -
Whoever takes
more than 18 years, and as such the offence of kidnapping under Section 361 of the I.P.C, was not attracted. With that finding ... joined the accused. In order to attract the offence of kidnapping under Section 361 , I.P.C, something more had to be proved than mere
present case Section 363 of the Indian Penal Code provides punishment for an offence of kidnapping. However, Section 361 deals with the offence of kidnapping ... instant case the prosecution succeeded in proving the offence of kidnapping under Section 361 of the Indian Penal Code as well as offence under Section
offence under Section 366
I.P.C, it must first be established that the offence of kidnapping
under Section 361 I.P.C has been ... made out. Section 361 I.P.C is
extracted below for a clear understanding of the ingredients.
Section 361 I.P.C: Kidnapping from lawful
