Introduction
Kidnapping implies removing an individual against his/her will forcibly, danger or duplicity. Generally, the reason for kidnapping is to get a payoff, or for a few political or different purposes and so on. Kidnapping is grouped into two classes in Section 359 of the Indian Penal Code and characterized in Section 360 and 361 of the Indian Penal Code.
According to Section 359 of the Indian Penal Code, Kidnapping is of two sorts:
- Kidnapping from India,
- Kidnapping from legal guardianship.
These two sorts are made sense of in Section 360 and 361.
Kidnapping from India
Section 360 makes sense of kidnapping from India. As per section 360, assuming that any individual takes an individual past the constraints of India against the assent of that individual or against the assent of somebody who is lawfully qualified for give assent for that individual’s sake, then, at that point, the offense of kidnapping from India is committed.
Kidnapping from legal guardianship
Section 361 makes sense of kidnapping from legal guardianship. As per this part, assuming an individual removes or tempts a minor (i.e, a boy younger than 16 years and a girl younger than 18 years) or an individual of shaky brain, away from his/her legal gatekeeper without the watchman’s assent, then that individual commits the offense of kidnapping from legitimate guardianship.
State of Haryana v. Raja Ram, AIR 1973 SC 819
Facts
‘J’ had tried to seduce the prosecutrix, a girl of 14 years to come and live with him. The girl’s father forbade ‘J’ from coming to their house and in response, ‘J’ started sending her messages through the respondent.
One day, the respondent went to the girl and asked him to come to his house and later sent his daughter to bring her. At his house, the respondent told her to come to his house at midnight so that she can be taken to ‘J’.
That night when she went to his house, the respondent took her to ‘J’.
Issue
Whether the respondent was guilty of the offence under section 361 of IPC?
Judgement
The trial court held him guilty, but the High court acquitted him. On appeal to the Supreme court, it was held that:
Section 361 is to protect minor children from being seduced for improper purposes and to protect the rights and privileges of guardians having their custody.
The consent of a child is completely immaterial and only the guardian’s consent is relevant to decide whether the offence was committed or not.
‘Taking’ as mentioned in the Section is not only through fraud or force but also through persuasion by the accused which creates willingness on the part of minor to be taken away from his/her lawful guardian.
In this case, the respondent was held guilty under section 361 as it was the respondent’s action which persuaded the prosecutrix from going out of her father’s keeping, against her father’s wishes.