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June 30, 2021


The forcible abduction or stealing away of a man, woman or child from their own country and sending them into another.  Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship, Section 359, Penal Code, 1860 .

Kidnapping from India :— Conveys any person beyond the limits of India without the consent of that person or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India, Section 360 Penal Code, 1860.

Kidnapping From Lawful Guardianship :— Whoever takes or entices any minor under sixteen years of age if a male or under 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, Section 361, Penal Code, 1860.

Takes and Entices :— The words ‘takes’ does not necessarily connote taking by force and it is not confined to use of force, actual or constructive. These words merely mean “to cause to go” “to escort” or “to get into possession”. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word “entice” seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other. This can take many forms, difficult to visualise and describe exhaustively; some of them may be quite subtle, depending for their success on the mental state of the person at the time when inducement is intended to operate, Thakorlal D. Vadgama v. State of Gujarat(1973) 2 SCC 413, 421: 1973 SCC (Cri) 835.

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