Kidnapping under Criminal Law

Kidnapping is a serious crime that involves taking or enticing a minor or a person of unsound mind away from their lawful guardian without their consent. In India, the Indian Penal Code (IPC) defines the offence of kidnapping and provides legal protection for vulnerable individuals. 

What is Kidnapping?

Kidnapping refers to the act of taking or enticing a minor or a person of unsound mind away from their lawful guardian without the consent of the guardian. It is considered a serious crime that involves depriving individuals of their freedom and violating their rights. 

Kidnapping typically involves the removal of a person from their usual environment or the control of their guardian, with the intention of unlawfully controlling or harming them.

Ingredients of Kidnapping

To understand the offence of kidnapping, it is important to be aware of its essential ingredients

Minor (Female 18 yrs & Male 16 yrs)

Kidnapping applies to individuals who are below a certain age. For females, the age limit is 18 years, and for males, it is 16 years. If a person below these age limits is taken or enticed away without consent, it can be considered kidnapping.

“Taking” does not imply force, simply means to go or escort

The act of taking someone does not necessarily involve the use of force. It can include actions like accompanying or escorting the individual away from their lawful guardian.

Enticing Persuading by offer of pleasure or some such allurement

Kidnapping can also occur when someone entices or persuades the minor or person of unsound mind with the promise of pleasure or some form of allure.

Exceptions to Kidnapping

The IPC recognizes certain exceptions to the offence of kidnapping

Good faith belief of being the father of an illegitimate child

If a person genuinely believes themselves to be the father of an illegitimate child, they are not considered guilty of kidnapping when they take or entice the child away. However, this exception does not apply if the act is committed for an immoral or unlawful purpose.

Good faith belief of entitlement to lawful custody

If a person sincerely believes that they are entitled to the lawful custody of a child, they are not considered guilty of kidnapping if they take or entice the child away. Similar to the previous exception, this provision does not cover acts committed for immoral or unlawful purposes.

Examples of Kidnapping

Let’s look at four examples to understand the concept of kidnapping better

Example 1 

A young girl is persuaded by a stranger with the promise of a new toy. The stranger convinces her to leave her school premises without the knowledge or consent of her parents. This act would be considered kidnapping under the IPC.

Example 2 

A mentally challenged person is taken away by a group of individuals who exploit their vulnerability. The person’s lawful guardian has not given consent for this act. Such an act would constitute kidnapping.

Example 3 

A man who genuinely believes he is the father of an illegitimate child takes the child away from its mother without her consent. If his actions are not for immoral or unlawful purposes, he would not be guilty of kidnapping under the IPC.

Example 4 

A woman who has been denied custody of her child by a court order takes the child away from the custody of the other parent. If her actions are not for immoral or unlawful purposes, she would be protected under the exception of kidnapping.

Summary

Kidnapping is a serious offence under the Indian Penal Code, aimed at protecting the rights and safety of minors and persons of unsound mind. Understanding the ingredients and exceptions of kidnapping can help ensure that the legal provisions are applied appropriately.