Define kidnapping. What are the kinds of kidnappings? What are the essentials of kidnapping? [UPCJ, 2000, 2003, 2018, CG.J. 2004]

Question: Define kidnapping. What are the kinds of kidnappings? What are the essentials of kidnapping? [UPCJ, 2000, 2003, 2018, CG.J. 2004]

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Answer

The IPC recognizes two kinds of kidnapping as under Section 359: kidnapping from India and kidnapping from lawful guardianship.

Section 360 provides for Kidnapping from India-

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.

The words used in the section are ‘beyond the limits of India’. This means that the offence under this section is complete, the moment a person is taken outside the geographical territory of India. It is not necessary that the persons should reach their destination in some other foreign territory.

By the same token, if, a person is apprehended before he crosses the Indian border, then the offence will not be complete. At best, it may amount to an attempt to commit the offence of kidnapping from India under Section 360, IPC. Till then, he has a locus penitential.

Chhajju Ram Maru Ram v. State of Punjab, AIR 1968 P H 439, a minor girl was taken away out of the house for only about 20-30 yards, it was held that it was kidnapping because the distance is immaterial.

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.

The essential ingredients of the offence of kidnapping from lawful guardianship are:

1. taking or enticing away a minor or a person of unsound mind,
2. such a minor must be under the age of sixteen years, if a male, or under eighteen years, if a female;
3. the taking or enticing away must be out of the keeping of the lawful guardian of such minor or person of unsound mind, and
4. such taking or enticing away must be without the consent of such guardian.

Section 361 deals with taking away minor children from lawful guardianship. It is equivalent to what is termed ‘child stealing’ in England.

The object of the section is to protect minor children and persons of unsound minds from being seduced, harmed, or otherwise exploited by others. It is to afford protection and security to the wards.

It also naturally recognizes the right of the guardians to control and take charge of their wards who may be minors and/or persons of unsound mind.

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