Kidnapping is of two kinds:
- kidnapping from India, and
- kidnapping from lawful guardianship.
IPC Section 359: Simplified Explanation
IPC Section 359 of the Indian Penal Code defines the offence of “kidnapping.” This section is primarily a definitional clause that lays the groundwork for the subsequent sections, which deal with specific types of kidnapping. According to IPC Section 359, kidnapping is divided into two categories: kidnapping from India and kidnapping from lawful guardianship.
Types of Kidnapping
- Kidnapping from India (IPC Section 360):
- This refers to taking or enticing a person beyond the limits of India without that person’s consent or someone legally authorized to consent on their behalf.
- Kidnapping from Lawful Guardianship (IPC Section 361):
- This involves taking or enticing a minor (under 16 years for males, under 18 years for females) or a person of unsound mind out of the lawful guardianship of their legal guardian without the guardian’s consent.
Is IPC Section 359 Bailable?
Since IPC Section 359 is a definitional clause, it does not directly determine bailability. Bailability depends on the specific offence under which charges are pressed, such as IPC Section 360 or IPC Section 361.
IPC Section 359 Punishment
As a definitional clause, IPC Section 359 itself does not prescribe punishments. The punishments are specified under the subsequent sections that detail the different types of kidnapping:
- Kidnapping from India (IPC Section 360): Punishable under IPC Section 363.
- Kidnapping from Lawful Guardianship (IPC Section 361): Punishable under IPC Section 363.
Example of IPC Section 359
Since IPC Section 359 is a definitional section, let’s consider an example in the context of its subsequent sections:
Example of Kidnapping from Lawful Guardianship (IPC Section 361):
A real-life example involved a man luring a 15-year-old girl away from her home, promising her gifts and a better life. He took her to another city without the consent of her parents, who were her lawful guardians. The man was charged under IPC Section 361 for kidnapping from lawful guardianship and subsequently punished under IPC Section 363. The court found him guilty and imposed a sentence reflecting the seriousness of taking a minor out of her guardians’ custody without consent.
Example of Kidnapping from India (IPC Section 360):
Another example involved a person who took an individual to a neighbouring country without informing or obtaining consent from the person or their guardians. This act constituted kidnapping from India as defined under IPC Section 360, and the person responsible was charged and punished under IPC Section 363.
In both examples, the cases highlight how the legal system addresses the serious nature of kidnapping and the protections in place to prevent such offences.
