In this article you will learn about the Difference Between Kidnapping from India and Kidnapping from Lawful Guardianship in IPC.
What is Kidnapping
Kidnapping is a criminal offence that involves the unlawful taking or abduction of a person against their will. It typically involves the removal or confinement of an individual by force, threat, or deception, with the intention of holding them captive, demanding a ransom, committing a crime, or exerting control over them. Kidnapping can occur for various reasons, such as financial gain, political motives, personal vendettas, or human trafficking.
The specific laws and penalties related to kidnapping can vary depending on the country or jurisdiction, but it is universally regarded as a serious offence due to the significant harm and trauma it inflicts upon the victims.
Kidnapping from India
Section 360 of the Indian Penal Code(IPC) defines the term Kidnapping from India. It says that whoever unlawfully takes or entices any person or conveys any person beyond the limits of India without his/her consent is said to kidnap that person from India. This section addresses the act of taking a person out of India without their or their legal guardian's consent.
In case of Kidnapping from India there is no exception. The victim in this section can be any person including the minor.
Illustration
X is a woman living in Haryana. Y takes X to Bhutan without her consent. Here, Y has committed the offence of kidnapping X from India(Haryana).
Kidnapping from Lawful Guardianship
Section 361 of the Indian Penal Code(IPC) defines the term Kidnapping from Lawful Guardianship. It says that whoever takes or entices any minor under 16 years of age if a male, or under 18 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or the unsound mind person, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Here the victim can be any minor under the age of 16 years in male, or under the age of 18 years in female, or any person of unsound mind. The exception under this section is that 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.
Illustration
X is a girl of 10 years old. She is living under the lawful guardianship of her mother and father. One day Z (an unknown person) takes away X, after her school, out of the lawful guardianship without the consent of her parents. Here Z has committed the offence of Kidnapping from Lawful Guardianship.
Points of Differences
| DIFFERENCE | KIDNAPPING FROM INDIA | KIDNAPPING FROM LAWFUL GUARDIANSHIP |
|---|---|---|
| Section | Section 360 | Section 361 |
| Meaning | Whoever unlawfully takes or entices any person or conveys any person beyond the limits of India without his/her consent is said to kidnap that person from India. | Whoever takes or entices any minor under 16 years of age if a male, or under 18 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or the unsound mind person, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. |
| Victim | Any person | Any minor under the age of 16 years in male, or under the age of 18 years in female, or any person of unsound mind. |
| Core concept | Beyond the limits of India | Within the limits of India |
| Medium of committing the offence | Conveying any person | Takes or entices any minor or unsound mind person |
Conclusion
Kidnapping from India refers to the act of unlawfully taking away a person, usually a child, from India without the consent of their parents or legal guardians. It involves the removal or transportation of a person against their will, often with the intention of holding them captive, demanding ransom, or for other illicit purposes.
On the other hand, kidnapping from lawful guardianship refers to the act of taking a child or a person who is under the lawful care and custody of another individual, without the legal authority to do so. In this case, the child or person may already be in the custody of a legal guardian, such as a parent or someone who has been granted legal custody by a court. Kidnapping from lawful guardianship involves the violation of the legal rights and custody arrangements established for the individual, and it is considered a criminal offence.
In both cases, kidnapping involves the unlawful taking of a person without their consent, but the difference lies in the legal context. Kidnapping from India refers to the act of taking someone out of the country without authorization, while kidnapping from lawful guardianship involves taking a person from their legal custodian within the jurisdiction where they reside. Both types of kidnapping are serious offences and are punishable under the law.
This article on Difference Between Kidnapping from India and Kidnapping from Lawful Guardianship in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.