S 361 - Law Dictionary Search Results
Home Dictionary Name: s 361Keeping
Keeping, The use of the word 'keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises, State of Haryana v. Raja Ram, (1973) 1 SCC 544: AIR 1973 SC 819 (822). (Indian Penal Code, s. 361)The words 'takes or entices any minor... out of the keeping of the lawful guardian of such minor' in s. 361, are significant. The use of the word 'keeping' in the context connotes the idea of charge, protection, maintenance and control; further, the guardian's charge and control appears to be compatible with the independence of action and movement of the minor, the guardian's protection and control of the minor being available, whenever necessity arises, Parkash v. State of Haryana, (2004) 1 SCC 339 (342). (Indian Penal Code, s. 361)...
Takes or entices any guardian of such minor
Takes or entices any guardian of such minor, the words 'takes or entices any minor out of the keeping of the lawful guardian of such minor' ins. 361, are significant. The use of the word 'Keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 197...
Entices takes
Entices takes, the expression used in s. 361, I.P.C. is 'whoever takes or entices any minor'. The word 'takes' does not necessarily connote taking by force and it is not confined only to use of force, actual or constructive. This word merely means, 'to cause to go', 'to escort' or 'to get into possession'. No doubt it does mean physical taking, but not necessarily by use of force or fraud. The word 'entice' seems to involve the idea of inducement or allurement by giving rise to hope or desire in the other. This can take many forms, difficult to visualise and describe exhaustively; some of them may be quite subtle, depending for their success on the mental state of the person at the time when the inducement is intended to operate. This may work immediately or it may create continuous and gradual but imperceptible im-pression culminating after some time, in achieving its ultimate purpose of successful inducement, Thakorlal D. Verdgama v. State of Gujarat, AIR 1973 SC 2313 (2320); See als...
Lawful guardian
Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever the relationship of a guardian and a ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384).The words 'lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person, Indian Penal Code, 1860, s. 361 Expl.Lawful increase means an increase in rent permitted under the provisions of this Act. [Delhi Rent Act, 1995 (33 of 1995), s. 2(f)]...
Take out of the keeping
Take out of the keeping, the word 'take or entices any minor.................out of the keeping of the lawful guardian of such minor' in s. 361, are significant. The use of the word 'keeping' in the context con-notes the idea of charge, protection, maintenance and control, State of Haryana v. Raja Ram, (1973) 1 SCC 544: AIR 1973 SC 819 (822). (Indian Penal Code, s. 361)...
Enticement
Enticement, means whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the case of her on behalf of that man, with intent, that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for term which may extend to two years, or with fines, or with both. [Indian Penal Code, 1860 (45 of 1860), s. 498]Promise to marry a minor girl and on that basis, she abandone her lawful guardian, would amount to enticement, Maniram Hazrika v. State of Assam, (2004) 5 SCC 120: AIR 2004 SC 2472 (2474). (Penal Code, 1860, s. 361).An action lies for damages suffered by the enticement of a person under an obligation to the plaintiff as by a married woman against another woman for enticing away her husband, Newton v. Hardy, (1933) 149 LT 165; see also Elliot v. Albert, (1934) 1 KB 650, loss of ...
Poyning's Act
Poyning's Act, or STATUTE OF DROGHEDA, and Act of Parliament, made in Ireland, 10 Hen. 7, c. 22, AD 1495; so called because Sir Edward Poynings was lieutenant there when it was made, whereby all general statutes before then made in England were declared of force in Ireland, which, before that time, they were not, 12 Rep. 109; 3 Hall, Const. Hist. c. xviii. p. 361....
Take out of keeping of the lawful guardian
Take out of keeping of the lawful guardian, taking or enticing away a minor out of the keeping of a lawful guardian is an essential ingredient of the offence of kidnapping, S. Vardarajan v. State of Madras, AIR 1965 SC 942: (1965) 1 SCR 243. [Indian Penal Code, s. 361]...
Kidnapping from lawful guardianship
Kidnapping from lawful guardianship, Whoever takes or entices any minor under sixteen years of age if a male, or under 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. (Indian Penal Code, s. 361)...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
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