IPC 361 — Kidnapping from lawful guardianship

Indian Penal Code, 1860

Statutory text

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.

Explanation.-The words  "lawful guardian" in this section include any person  lawfully entrusted  with the care or custody of such minor or other person.
3. Subs., by s. 2, ibid., for "sixteen".
Exception.-This section  does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or  who in  good faith  believes himself  to be entitled to the lawful custody  of such  child, unless  such act  is committed  for an immoral or unlawful purpose.

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