kidnapping

Indian criminal law recognises two forms: kidnapping from India (conveying a person beyond India without his consent or that of someone legally authorised) and kidnapping from lawful guardianship (taking or enticing a child, or a person of unsound mind, out of the keeping of the lawful guardian without the guardian’s consent). Under the BNS a child is anyone below eighteen, so the old IPC distinction (sixteen for boys, eighteen for girls) is gone.

The consent of the minor is immaterial; what matters is the guardian’s consent. Kidnapping is complete once the child is taken out of guardianship, while abduction (compelling by force or inducing by deceit any person to go from a place) is a continuing offence and is punishable only when done with a specified intent.

Example

Even though the seventeen-year-old went willingly, the accused committed kidnapping because the parents had not consented.

In Indian law

• Sections 137 and 138, Bharatiya Nyaya Sanhita, 2023 (old ss.359 to 363 IPC)
• S. Varadarajan v. State of Madras, 1964 INSC 185: “taking” and “enticing” distinguished from a minor voluntarily leaving

See also

abduction · minor · guardianship · wrongful restraint

Read more in the study notes

• Kidnapping, abduction, slavery and forced labour (Bharatiya Nyaya Sanhita)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Offences relating to marriage: dowry death, bigamy and cruelty (Bharatiya Nyaya Sanhita)
• Offences against children (Bharatiya Nyaya Sanhita)
• Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)