Section 361 Indian Penal Code (IPC) 1860

Section 361 Indian Penal Code

Section 361 of the Indian Penal Code 1860 is about Kidnapping from lawful guardianship. It is under CHAPTER XVI (OF OFFENCESAFFECTINGTHE HUMAN BODY) of the Code.

Kidnapping from lawful guardianship

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.