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Indian Penal Code (45 of 1860) Section 359

Title: Kidnapping

State: Central

Year: 1860

Kidnapping is of two kinds: kidnapping from 1 [India], and kidnapping from lawful .guardianship _______________________ 1 . The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

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Indian Penal Code (45 of 1860) Section 363A

Title: Kidnapping or Maiming a Minor for Purposes of Begging

State: Central

Year: 1860

.....dancing, fortune-telling, performing tricks or selling articles or otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iv) using a minor as an exhibit for the purpose of soliciting or receiving alms; (b) 'minor' means-- (i) in the case of a male, a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen years of age.] _______________________ 1. Inserted by Act 52 of 1959, section 2 (w.e.f. 15-1-1960).

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Indian Penal Code (45 of 1860) Section 364A

Title: Kidnapping for Ransom, Etc.

State: Central

Year: 1860

1 [364A. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or 2 [any foreign State or international inter-­governmental organisation or any other person] to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.] _______________________ 1. Inserted Act 42 of 1993, section 2 (w.e.f. 22-5-1993). 2. Substitute by Act 24 of 1995, for "any other person" (w.e.f. 26-5-1995).

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Indian Penal Code (45 of 1860) Section 364

Title: Kidnapping or Abducting in Order to Murder

State: Central

Year: 1860

Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 1 [imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A kidnaps Z from 2 [India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. _______________________ 1. Substituted by Act 26 of 1955, section 117 and Schedule, for "transportation for life" (w.e.f. 1-1-1956). 2. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

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Indian Penal Code (45 of 1860) Section 368

Title: Wrongfully Concealing or Keeping in Confinement, Kidnapped or Abducted Person

State: Central

Year: 1860

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as mat with or for which he conceals or detains such person in confinement.

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Indian Penal Code (45 of 1860) Section 360

Title: Kidnapping from India

State: Central

Year: 1860

Whoever conveys any person beyond the limits of 1 [India] without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from 1 [India]. _______________________ 1. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

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Indian Penal Code (45 of 1860) Section 361

Title: Kidnapping from Lawful Guardianship

State: Central

Year: 1860

Whoever takes or entices any minor under 1 [sixteen] years of age if a male, or under 2 [eighteen] 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. Explanation.--The words "lawful guardian" in this section include any person lawfully entrusted with the care of 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 lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. STATE AMENDMENTS 3 Manipur in section 361 for the words 'eighteen" substitute the word 'fifteen'. _______________________ 1. Substituted by Act 42 of 1949, section 2, for "fourteen". 2. Substituted by Act 42 of 1949, section 2, for "sixteen". 3. Vide Manipur Act 30 of 1950, section 3 (w.e.f. 16-4-1950), read with Act 81 of 1971, section 3 (w.e.f. 25-1-1972).

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Indian Penal Code (45 of 1860) Section 363

Title: Punishment for Kidnapping

State: Central

Year: 1860

Whoever kidnaps any person from 1 [India] or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. STATE AMENDMENTS 2 Uttar Pradesh: In Uttar Pradesh the offence under section 363, I.P.C. is non-bailable. _______________________ 1. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above. 2. Vide Utter Pradesh Act 1 of 1984, section 12 (w.e.f. 1-5-1984).

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Indian Penal Code (45 of 1860) Section 365

Title: Kidnapping or Abducting with Intent Secretly and Wrongfully to Confine Person

State: Central

Year: 1860

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall he punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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Indian Penal Code (45 of 1860) Section 366

Title: Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, Etc.

State: Central

Year: 1860

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 1 [and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid]. ___________________ 1 Added by Act 20 of1923, section 2.

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