Kidnapping,Section 359 according to Walker, is the common name for the common law offence of carrying away, or secreting, of any person against his will,or against the will of his lawful guardians. It may be constituted by false imprisonment, which is total restraint of a person and his confinement without lawful authority or justification.

The word “kidnapping” has been derived from the word ‘kid’ meaning child and ‘napping’ to steal. Thus the word literally means “child stealing”. Kidnapping under the code is not confined to child stealing. It has been given wider connotation as meaning carrying away of a human being against his/her consent, or the consent of some person legally authorized to accord consent on behalf of such person.

Conditions, Of Kidnapping In IPC:

India has comprehensive legislation to counter kidnapping,with the Indian Penal Code outlining 10 specific offences related to the purpose of the kidnapping. These are-

Kidnapping a minor for purposes of begging;

Kidnapping in order to murder;

Kidnapping for ransom;

Kidnapping with the intent to secretly and wrongfully confine a person;

Kidnapping a woman to compel her into marriage;

Procuration of a minor girl;

The importation of a girl from a foreign country;

Kidnapping in order to subject a person to grievous harm, including slavery kidnapping a child under 10 years old;

Stealing or buying a minor for the purpose of prostitution.

Scope: –

The offence of kidnapping has a wide scope under the penal code as Sec. 359 and 361, IPC do not spell-out any territorial jurisdiction for committing the offence. Moreover, these provision is gender neutral which ensure the protection of male as
well as girl child. The rig our of the law travels with the ward/ subject and any person involving himself or herself in the offence of kidnapping or procuring a minor girl at any point of time would also come within the purview of provisions of kidnapping

Kinds of Kidnapping:

Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.

Kidnapping from India: Section 360

Whoever conveys any person beyond the limits of India without the consent of that person,or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.

Essential ingredients: The following are the essential ingredients of the offence under this section:

1) Conveyance of a person: To convey means to carry from one place to another. The conveyance or carrying is a continuous process until the destination is reached. In the case of any offence under this section,the destination must be some foreign territory.

2) Beyond the limits of India: these words in the section indicate that for an offence under it must be to some foreign territory.

3) Without the consent of that person or of some person legally authorized to consent on behalf of that person: A consent given under a misapprehension of fact, is not true consent.

Kidnapping from lawful guardianship: Section 361

Whoever takes or entices any minor under sixteen years of age 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 The offence under this section may be committed in respect of either a minor or a person of unsound mind. To kidnap a grown-up person, therefore would not amount to an offence under it.

The object of this section is at least as much to protect children of tender age from being abducted or seduced for improper purposes, as for the protection of the rights of parents and guardians having the lawful charge or custody of minors or insane persons.

Ingredients: This section has four main essentials:

1. Taking or enticing away a minor person or a person of unsound mind.

2. Such minor must be under the age of sixteen years ,if male, or under the age of eighteen years, if a female.

3. Thetakingawayorenticingmustbeoutofthekeepingofthelawfulguardianof such minor or person of unsound mind.

4. Such enticing away must be without the consent of the lawful guardian.

Meaning of Taking or Enticing:
There has been a lot of deliberation in Indian Courts from time to time on the connotation of the terms “taking” or “enticing” used in section 361. Although it is sufficient to show that there was either taking or enticing for the offence to be committed, the terms vary a lot in their literal and legal content. ‘Taking’ excludes the idea of force on the part of the kidnapper and
means “to cause to go” or “to escort”.9 In fact, the kidnapper may take the minor’s (or the unsound person’s) consent and still “take” him/her out of the keeping of his/her lawful guardian. The connotation of the term “Taking” was discussed in an in-depth manner in the case of S. Varadarajan v. State of Madras. AIR 1965 SC 942

‘Enticing’ is inducing a minor to go of her own accord to the kidnapper. There is distinction between taking and enticing. The mental attitude of child is immaterial in the case of taking when the child is taken away. But the word ‘entice’ involves the idea of inducement or allurement. Biswanath Mallick vs State of Orissa, 1995 Cr.LJ 1416 (Ori)

Punishment for Kidnapping: Sec 363

Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extent to seven years, and shall also be liable to fine.