369A-B]
(b) In the context of Section 360, the "Special
reasons" contemplated by Section 361 must be such as to
compel ... context of Section
360, the "special reasons" contemplated by Section 361 must
be such as to compel the Court to hold that
case within the
four corners of the ingredients of Section 361 of the Indian Penal Code.
The three ingredients required to be proved for satisfying ... commission of
an offence under Section 361 are :-
a) The taking away or enticing of the victim.
b) The victim must be a minor
offender under Section 4 of the Act or under any other law in view of the provisions of Section 361, Cr. P.C. which ... accused under Section 4 of the Act, 1958 in view of the mandatory provisions contained in Section 361, Cr. P.C.
7. Before parting with
special reasons" for not applying the provisions of Section 360 .
Section 361 thus casts a duty upon the court to apply the provisions ... context of Section 360 , the
"special reasons" contemplated by Section 361 must be such as to compel
the court to hold that
special reasons" for
not applying the provisions of Section 360 . Section 361 thus casts a
duty upon the court to apply the provisions ... context of Section 360 , the "special reasons" contemplated
by Section 361 must be such as to compel the court to hold that
Sec. 360 of the 1973 Code re-enacts, in substance, Sec. 562 , of the Criminal Procedure Code 1898 (in short old Code) Sec. 361 which ... special reasons' for not applying the provisions of Sec. 360. Sec. 361 thus casts a duty upon the Court to apply the provisions
report, it is clearly mentioned that no offence under section 361 , I.P.C. has been made out.
3. The learned Magistrate passed an order ... consideration would be whether the petitioner has committed an offence under section 361 , I.P.C. by kidnapping the child from the lawful guardianship
Shivanarayan Kabra 's case (supra), it is a case under Section 361(1) Cr.P.C. which Section has now been amended and corresponds ... next contention of the appellant that there was a breach of Section 361 , Criminal Procedure Code which states:
361.(1) Whenever any evidence is given
India Gazette dated 25.1.1993 empowering the Chief Judicial Magistrate, Ernakulam under Section 361 of the Mercantile Shipping Act, 1958 (hereinafter referred ... criminal court. Therefore, the above section is very clear that the investigating court investigating the matter under Section 361 has no power for convicting
like Section 61(1)(c) of the Punjab Excise Act, 1914 is a special procedural provision which would, override Sections 360 and 361 ... sentence under Section 61(1)(c) of the Punjab Excise Act 1914 is no bar to the applicability of Sections 360 and 361
