IPC Section 359
IPC Section 359 defines the term "kidnapping" under the Indian Penal Code. It classifies kidnapping into two specific categories.
🔹 Section 359 – Kidnapping
According to this section, kidnapping is of two kinds:
Kidnapping from India
Kidnapping from lawful guardianship
This is a definitional section, and the actual punishments are provided under Sections 360 and 361.
1. Kidnapping from India (Section 360)
Taking a person beyond the limits of India without their consent (or without the consent of someone legally authorized to consent on their behalf).
Applies regardless of age.
2. Kidnapping from Lawful Guardianship (Section 361)
Taking or enticing a minor (under 16 years for boys, under 18 for girls) or a person of unsound mind
Out of the custody of their lawful guardian without the guardian’s consent.
Does not apply if the person taking the child is the father of an illegitimate child, unless the court rules otherwise.
Summary Table:
| Type of Kidnapping | Key Element | Section |
|---|---|---|
| From India | Taking a person out of the country illegally | 360 |
| From lawful guardianship | Taking a minor/unsound person without consent | 361 |
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