The literal meaning of kidnapping is child stealing. Kidnapping may be of two kinds:
- Kidnapping from India
- Kidnapping from lawful guardianship.
Kidnapping from India
When a grown-up person or a minor is conveyed beyond the limits of India then this crime is committed. The offence is committed in case the boy is below sixteen years of age & the girl is below eighteen years of age. If the consent is given by the child who is beyond the respective age then the crime is not said to be committed.
Kidnapping from lawful guardianship
Whoever, takes, or entices
- any minor, under sixteen years of age if a male, and under eighteen years of age if a female.
- any person of unsound mind
- out of the lawful guardian of such minor or person of unsound mind
- without the consent of such lawful guardian,
is said to kidnap such minor or person from lawful guardianship.
The person or minor kidnapped must be taken out of the possession of the parent by any means, forcible or otherwise, and the consent of the person kidnapped does not lessen the offence. If a person kidnapped is grown-up and of sound mind then it is not covered under this section.
Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment, which may extend to seven years, and shall also be liable to fine. Where the kidnapping is done for the purposes of begging then it shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.