Скачать или смотреть Indian Kanoon - IPC Section 363 punishment for kidnapping - आईपीसी धारा 363 अपहरण का दंड - LawRato

http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city/court in India.

IPC Section 363 lays down the punishment for the offence of kidnapping as defined in Sec 359. This section lays down the punishment for the offences of kidnapping from India and kidnapping from lawful guardianship. It says that whoever kidnaps any person from India or from lawful guardianship, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, and shall also be liable to fine. The offences defined under sections 360 and 361 have both been made punishable under this section.

IPC Section 359 defines the offence of kidnapping. It lays down that kidnapping is of two kinds: Kidnapping from India and Kidnapping from lawful guardianship. It says that whoever conveys any person beyond the limits of India without the consent of that person or of some person who is authorised to consent on his behalf, is said to kidnap that person, from India. This offence is committed when, according to the section a person is conveyed beyond the limits of India without consent of the victim or without the consent of someone who is authorised to give consent on his behalf. No age of the victim has been mentioned by the section.

It further says that whosever either takes or entices away any minor who is under sixteen years of age if a male, and is 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 that lawful guardian, is said to kidnap such minor or person from lawful guardianship.
The offender must either take or entice a person. The victim must be under the age of sixteen years if he is a male, under the age of eighteen years if she is a female, or of any age if he or she is of unsound mind. The taking or enticement must be out of the keeping of the lawful guardian of the victim.

The lawful guardian of the victim must not have given his or her consent for the taking or enticement. The explanation under the section gives an inclusive explanation, and not an exhaustive definition, of the expression lawful guardian by stating that the expression includes any person to whom the care or custody of such minor or person of unsound mind has been lawfully entrusted.

The offence under section 363 is cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.

Advocate Jaspreet Singh Rai can be consulted for further information at https://goo.gl/unVQKp or by calling at +91-9599000555