IPC Section 361
🔹 Indian Penal Code (IPC) Section 361 — Kidnapping from lawful guardianship
Text of the Section:
"Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, if such minor is not married, out of the keeping of the lawful guardian of such minor, without the consent of such guardian, is said to kidnap such minor from lawful guardianship."
🔍 Explanation in Simple Terms:
Section 361 deals with the taking away or enticing a minor (a child below a certain age) from their lawful guardian without the guardian’s permission. This act is called kidnapping from lawful guardianship.
⚖️ Key Points / Ingredients:
Who is involved?
The person taking or enticing a child.
Age of the minor:
Male minor under 16 years of age.
Female minor under 18 years of age.
The minor must be unmarried.
From whom?
The minor must be taken from their lawful guardian (such as a parent or legal custodian).
Without guardian’s consent:
The taking or enticing must be without the permission or consent of the lawful guardian.
Action:
Either taking away physically or enticing (luring, persuading) the minor.
📌 Purpose of the Section:
To protect minors from being taken away unlawfully from their guardians, which could expose them to risk or harm. The law recognizes the guardian’s right and responsibility over the minor until they reach the specified age or get married.
🔨 Punishment:
Kidnapping from lawful guardianship under Section 361 itself does not prescribe a punishment.
However, kidnapping under Section 363 IPC prescribes punishment for kidnapping or abducting.
So, Section 361 is the definition of the act, and the punishment usually follows under related sections like 363 or 366.
📘 Additional Points:
The law treats female minors differently (18 years) than males (16 years), considering social aspects.
If the minor is married, Section 361 does not apply.
The consent of the guardian is crucial — if the guardian consents, it is not kidnapping.
📋 Example Scenario:
A man takes a 15-year-old boy from his father's custody without the father's permission. Even if the boy agrees, since the guardian did not consent, the act amounts to kidnapping from lawful guardianship under Section 361.
🏛️ Related Sections:
Section 362 IPC: Punishment for kidnapping from lawful guardianship (follows Section 361).
Section 363 IPC: Punishment for kidnapping.
Section 366 IPC: Kidnapping, abducting, or inducing a woman to compel her marriage or for illicit intercourse.
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