Of Offencesaffectingthe Human Body
IPC Section 361 - Kidnapping from lawful guardianship
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As per new criminal laws effective from 1 July 2024, IPC has been replaced by Bharatiya Nyaya Sanhita (BNS). This page is useful for older matters, references and legal research.
View BNS Section 137Simple language explanation
IPC Section 361 deals with kidnapping from lawful guardianship.
Full official legal text
361. Kidnapping from lawful guardianship. Whoever takes or entices any minor under 2[sixteen]
years of age if a male, or under 3[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.
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Related IPC sections
IPC Section 359
Open related Indian Penal Code section.
IPC Section 360
Open related Indian Penal Code section.
IPC Section 362
Open related Indian Penal Code section.
IPC Section 363
Open related Indian Penal Code section.