Define 'kidnapping' and state how far mistake of age can be pleaded as a defence?

Kidnapping means taking away a person by illegal force.

Kidnapping is two kinds;

B) Kidnapping from lawful guardianship, Section 361

It means taking away a person whether major or minor outside the territory of India. It is a separate offence because it removes a person from the limits of Indian law. If a major or minor is taken away beyond the limits of India without consent is called 'kidnapping from India'

Essential ingredients:

A) Taking away any person beyond the limits of India.

B) Without consent of major or consent of guardian.

Kidnapping from lawful guardianship;

Section 361 deals with taking away a minor boy child bellow 16 years or a girl below 18 years or a person of unsound mind from lawful guardianship. This is called 'child stealing' in English law. The consent of minor is irrelevant. There must be bad intention to take away minor. Guardians include not only the legal guardian but also persons like teacher, aya, relative etc. who are lawfully entrusted with the care and custody of a minor. Kidnapping shall be punishable with an imprisonment upto seven years and also liable for fine.

Ram Das vs. State of M.P, AIR 1970 SC 864, the girl compelled the accused to marry her and got their marriage registered. The father of the girl locked her in a room when she informed about her marriage with the accused. She broke open the door aand left the house to live with the accused. It has been held that the accused had not committed kidnap.

Vaaradarajan vs. State of Madras, AIR 1965 SC 942, a minor girl of sixteen years of age voluntarily fell in love with the accused and married before the registrar. It has been held that the accused had not committed kidnapping. Therefore the accused was acquitted-guardians include not only the legal guardian but also persons like teacher, Aya, relative etc. Who are lawfully entrusted with the care and custody of a minor. Kidnapping shall be punishable with an imprisonment uptoo seven years and also liable for fine.

Points to Remember:

1. It means taking away a person by illegal force

2. Kidnapping two kinds

3. Kidnapping from India

A) Taking away any person beyond the limits of India

B) Without consent of major or guardian

4. kidnapping from lawful guardianship

i) Taking away a minor boy child below 16 years

ii) Consent of minor iss irrelevant

iii) There must be intention to take away minor.