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Report No. 156

71. Amendment of section 361: Kidnapping from lawful guardianship.-

Do you agree with the recommendation of Law Commission in its 42nd Report on Indian Penal Code and clause 148 of the Indian Penal Code (Amendment) Bill, 1978 that in section 361 of the Penal Code:

(a) for the explanation the following explanation be substituted, namely,

"Explanation.-In this section, the expression 'lawful guardian' includes 'any person who has lawful custody of a minor or of a person of unsound mind';

(b) in the exception, for the word "unlawful", the word "illegal" be substituted?

The Indian Penal Code Back

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