Indian Penal Code 1860
Section 361 :
Kidnapping from lawful guardianship:
(See section 137 of BNS 2023)
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 of custody of such minor or other person.
Exception :
This section does not extend to the act of any person who is 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.
State Amendment :
Manipur In its application to Union Territory of Manipur, in Section 361 for the word eighteen substituted the word “fifteen”.
[Vide Act No. 30 of 1950]
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1. Subs. by Act 42 of 1949, s. 2, for “fourteen”.
2. Subs. by Act 42 of 1949, s. 2, for “sixteen”.
