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Report No. 146

4.4. Proposed offence distinct from kidnapping.-

It should be pointed out that it may not be appropriate to link up the sale, etc. of the minor child (for a purpose not falling within sections 372 and 373 of the Indian Penal Code) with abduction. The offence of kidnapping or abduction is primarily one concerning violation of guardianship rights (in the case of kidnapping from unlawful guardianship under section 361) or infringement of the right to personal liberty by the use of force of fraud where the offence is that of kidnapping from India (section 360) or of abduction (section 362).

The misconduct on the part of the parent or other guardian which is now under consideration, is more in the nature of abuse of guardianship and violation of the dignity of the child placed in guardianship. Of course, the offence may be committed even by a person who is not the guardian of the child, but even in that case, the offence is in the nature of violation of human dignity, leading to exploitation of the child in many cases.

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