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SECTION 361 IPC - Indian Penal Code - Kidnapping from lawful guardianship
Last Updated: 01 Jan, 2025
By Advocate Chikirsha Mohanty
(The IPC section is included as a clause in the BNS. Words “minor under the age of sixteen years of male or under eighteen years of age if a female” are replaced by “child” thus making it gender neutral.)
Please refer to BNS 137 for updated procedures & punishments.
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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Frequently Asked Questions
What is the IPC section for kidnapping?
The IPC has sections 359-374 that cover kidnapping. Section 362 IPC defines abduction. Kidnapping occurs when the victim is not present or consent was obtained under duress. Abductions can happen without the victim's consent. 1 Sept 2023
What is IPC 369 and punishment?
Anyone who kidnaps or takes away a child under the legal age of ten with the intent to steal any property that is movable from their person, will be punished by imprisonment in either category for a period of up to seven years and a fine.
