Question: P lures Q a boy of 17 years, to Delhi without the consent of Q’s father. Has P committed the offence of ‘kidnapping from lawful guardianship’? Give reasons and also refer to the relevant provision in this regard. Find the answer to the mains question only on Legal Bites. [P lures Q a boy of 17 years,… Read More »

Question: P lures Q a boy of 17 years, to Delhi without the consent of Q’s father. Has P committed the offence of ‘kidnapping from lawful guardianship’? Give reasons and also refer to the relevant provision in this regard. Find the answer to the mains question only on Legal Bites. [P lures Q a boy of 17 years, to Delhi without consent of Q’s father. Has P committed the offence of ‘kidnapping from lawful guardianship’? Give reasons and also refer to the relevant provision in...

Question: P lures Q a boy of 17 years, to Delhi without the consent of Q’s father. Has P committed the offence of ‘kidnapping from lawful guardianship’? Give reasons and also refer to the relevant provision in this regard.

Find the answer to the mains question only on Legal Bites. [P lures Q a boy of 17 years, to Delhi without consent of Q’s father. Has P committed the offence of ‘kidnapping from lawful guardianship’? Give reasons and also refer to the relevant provision in this regard.]

Answer

Section 361 provides for Kidnapping from lawful guardianship.—

Whoever takes or entices any minor under sixteen years of age if a male, or under 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.

As per the section, the age of a minor child at the relevant point in time should be less than 16 in respect of a male, and less than 18 in respect of a female, in order to constitute an offence under this section. It is for the prosecution to prove that the minor at the time of kidnapping was below the age stipulated under the section.

In the present case, P lures a boy of 17 years to Delhi without the consent of Q’s father. Since the age of the boy is above 16 years the act of P will not come under kidnapping from lawful guardianship under Section 361, IPC. But P is said to have abducted Q by deceitful means under section 362 of the code.

Section 362 deals with Abduction. It states,

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. This section merely defines the term ‘abduction’.

Therefore, abduction per se is not an offence under the IPC. It is an offence when it is accompanied by certain intent to commit another offence.

The essential ingredients of this section are:

  1. forcible compulsion or inducement by deceitful means, and
  2. the objects of such compulsion or inducement must be the going of a person from any place.

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Updated On 2021-08-07T12:51:26+05:30
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