Pritam. Offence of
kidnapping from lawful guardianship has been defined in sec 361 IPC .
Sec. 361 IPC says:- Kidnapping from lawful ... keeping, of her lawful guardian within the
meaning of Sec.361 of the Indian Penal Code (Act XLV of 1860).
Something more
Accused is facing allegations for commission of offence U/s 363 IPC .
Section 363 IPC reads:- Whoever kidnaps any person
from ... seven years, and shall also be liable to fine.
16. Section 361 IPC defines kidnapping from lawful guardianship. It reads:
Whoever takes
Thus for the purpose of attracting the provision of Section 361 IPC i.e.
for the purpose of proving the offence of kidnapping ... Raja Ram AIR 1973 SC 819 that the object of Section 361 IPC is as much to
protect the minor children from being
Amzad. Offence of kidnapping from lawful guardianship has been
defined in sec 361 IPC .
Sec. 361 IPC says:- Kidnapping from lawful ... keeping, of her lawful guardian within
the meaning of Sec.361 of the Indian Penal Code (Act XLV of
1860). Something more
India and kidnapping from
lawful guardianship. Section 360 IPC defines kidnapping
from India while Section 361 , IPC defines kidnapping from
lawful ... allegation of the kidnapping from India. The relevant
provision is Section 361 , IPC. The main ingredients of
Section 361 , IPC
acquitted of the offence u/s 363 IPC.
33. Offence u/s 366 IPC provides that whoever
kidnaps or abducts ... liable to fine. Section 366 embodies an
aggravated form of offence of kidnapping as defined under
section 361 IPC and abduction as defined
statement u/s 161 CrPC of all
the witnesses.
6. As the accused has been charged for the offence punishable u/s 365
IPC ... Bench: Dua, I.D, the word 'takes' in section 361 I.P.C. does not
necessarily connote taking by force
prosecution
has miserably failed to bring home guilt of accused u/s 363 / 366 IPC
hence, he must be acquitted of charges levelled ... this stage, it would be appropriate to discuss the
provisions of Section 361 IPC :-
Section 361 IPC : "Kidnapping from lawful
Board.
23. Section 363 IPC provides punishment for offence
of 'kidnapping of minor' as defined under section 361 IPC ... Section 361 IPC stipulates that whoever takes or entices
any minor under sixteen years of age if a male, or under
date of incident. However, as per Section 361 IPC, the relevant
age is 18 years in the case of female. Thus, the main ... Chand @ Kashia )
would be sufficient to attract the section.
The essential ingredients of section 361 IPC are
(i)The person kidnapped must