Whoever takes or entices any minor under 14 years of age if a male, or under 16 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.
Section history
Section 361 — Kidnapping from lawful guardianship
As in force on 21 November 2010.
Timeline 4 versions
- 30 March 1987 Enacted
- 21 November 2010 You are here
- 1 January 2020 Act 15 of 2019
- 31 December 2021 Revised edition
- 17 August 2026 Latest
Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
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.
[Indian PC 1860, s. 361]