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SECTION 361 IPC - Indian Penal Code - Kidnapping from lawful guardianship


Last Updated: 01 Feb, 2024
By Advocate Chikirsha Mohanty


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Table of Contents

  1. Description of IPC Section 361
  2. IPC 361 in Simple Words

Description of IPC Section 361

According to section 361 of Indian penal code, 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.



IPC 361 in Simple Words

Section 361 of the Indian Penal Code states that taking a minor or a person of unsound mind away from their lawful guardian without their consent is considered kidnapping.

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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 ...




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FAQ's on IPC Section 361

What is the IPC section for kidnapping?

Offence of kidnapping comprised under Section 359-374 IPC. Abduction is defined under Section 362 of IPC. In cases of kidnapping, the victim's consent is either absent or obtained under duress. Abduction can occur irrespective of the victim's consent. 1 Sept 2023

What is IPC 369 and punishment?

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.