Vidhara

The Indian Penal Code, 1860

§361Kidnapping 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. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or 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 the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

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Official text: India Code (official)

Official India Code text: The Indian Penal Code, 1860 (45 of 1860), English PDF (A1860-45.pdf) retrieved via Internet Archive Wayback Machine snapshot 2020-04-21 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BNS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending. Eleven State-inserted sections that had been published as central law were removed on 2026-08-02 after the D-052 guard identified them: 354E, 376F, 509A and 509B (Chhattisgarh Act 25 of 2015), 379A and 379B (Gujarat Act 6 of 2019) and 382B-382F (Tripura Act 4 of 2019). They are now recorded as State amendments against the sections they attach to, not as sections of the Code (D-053).

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