WHAT IS KIDNAPPING UNDER IPC
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Explanation:
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Answer:
Section 359 of the Indian Penal Code deals with what is ‘Kidnapping’. According to this section, kidnapping can be classified as ‘Kidnapping from India’ or ‘Kidnapping from Lawful Guardianship’.
Section 360 of the Code says that when a person is conveyed beyond the limits of India without that person’s consent, the person who takes such person is said to kidnap that person from India.
Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship.
In the case of State of Haryana v Raja Ram [1], the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a willing on the part of minor which kept her away from her lawful guardianship and therefore it amounted to ‘kidnapping’.