Law Maker

CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of Kidnapping, abduction, slavery and forced labour

Section 361: Kidnapping from lawful guardianship

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or 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 or other person.

Exception.—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

Footnotes in the official text

  1. 1.Subs. by Act 42 of 1949, s. 2, for “fourteen”.
  2. 2.Subs. by s. 2, ibid., for “sixteen”.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

361. Kidnapping from lawful guardianship.BNS 137(1)(b)

Questions on this section

4 questions in 14 of our papers cite Section 361. Try these from the free papers:

  1. 1. In S. Varadarajan v. State of Madras (AIR 1965 SC 942), a case of kidnapping from lawful guardianship, the Supreme Court held that

  2. 2. Assertion (A): Under the BNS, a boy aged sixteen years can be kidnapped from lawful guardianship. Reason (R): Section 137(1)(b) BNS applies to any 'child', and Section 2(3) BNS defines 'child' as any person below the age of eighteen years.

Practise questions on Criminal Law