KIDNAPPING
The
literal meaning of kidnapping is child stealing. Kidnapping may be of two kinds: A)
Kidnapping from India
B) Kidnapping from lawful guardianship.
KIDNAPPING
FROM INDIA When a grown-up person or a minor is conveyed beyond the
limits of India then this crime is committed. The offence is committed in case
the boy is below sixteen years of age & the girl is below eighteen years of
age. If the consent is given by the child who is beyond the respective age then
the crime is not said to be committed. KIDNAPPING FROM LAWFUL GUARDIANSHIP Whoever,
takes, or entices i) any minor, under sixteen years of age if
a male, and under eighteen years of age if a female.
ii) any person of unsound
mind
iii) out of the lawful guardian of such minor or person of unsound mind
iv)
without the consent of such lawful guardian,
is said to kidnap such minor
or person from lawful guardianship.
The person or minor kidnapped
must be taken out of the possession of the parent by any means, forcible or otherwise,
and the consent of the person kidnapped does not lessen the offence. If a person
kidnapped is grown-up and of sound mind then it is not covered under this section. PUNISHMENT Whoever
kidnaps any person from India or from lawful guardianship, shall be punished with
imprisonment, which may extend to seven years, and shall also be liable to fine.
Where the kidnapping is done for the purposes of begging then it shall be punishable
with imprisonment, which may extend to ten years, and shall also be liable to
fine.
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