Section 361 in The Indian Penal Code, 1860
361. Kidnapping from lawful guardianship.—
Whoever takes or entices any minor under sixteen years ... person from lawful guardianship. Explanation.— The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor
defined under the
IPC and the General Clauses Act, 1897 as under:-
A) Indian Penal Code , 1860
― Section 11 - The word ―person‖ includes ... also a parent of the
child, because Section 360 IPC, unlike Section 361 IPC, creates no
exception for a person
ingredients of Section 366 I.P.C have not, at any
rate, been established. Even the ingredients of Section 361 I.P.C
have ... 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
guardianship." i.e. for punishment of offence under Section 363 I.P.C., Section 361 I.P.C. and its ingredients ... witnesses, offence punishable under Section 363 I.P.C. was fully proved.
13. Offence punishable under Section 366 I.P.C. requires three principal ingredients
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 ... therefore, evident that ingredients of Section 363 Indian Penal Code read in conjunction with Section 361 Indian Penal Code are not satisfied. Section 361 Indian
offence under Section 363 and Section 366 Indian Penal Code has been committed or not.
18. Ingredients of Section 363 Indian Penal Code are required ... with Section 361 Indian Penal Code and Section 359 Indian Penal Code has not been committed. The second ingredient of Section 361 Indian Penal Code
which the accused has been charged.
Section 361 of the Indian Penal Code
( IPC ): Kidnapping from Lawful
Guardianship "Whoever takes or
entices ... statement u/s 161
CrPC that accused had enticed her daughter. PW1's testimony
regarding the alleged kidnapping under Section 361 IPC
defined
u/s 360 IPC, the other one is kidnapping from lawful guardianships which
is defined u/s 361 IPC. Section ... this section include
any person lawfully entrusted with the care or
custody of such minor or other person"
11. Section 361 IPC
closure of prosecution evidence, statement of the
accused u/s 313 CrPC r/w Section 281 CrPC was recorded, the complaint
and the admitted documents ... defined
u/s 360 IPC, the other one is kidnapping from lawful guardianships which
is defined u/s 361 IPC. Section
Tasleema vs State (Nct Of Delhi) And Others on 3 July, 2009
Author: Badar Durrez
