Sections 359 to 374

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

6

OF KIDNAPPING ABDUCTION, SLAVERY AND FORCED LABOUR

359. Kidnapping

360. Kidnapping
from India

361. Kidnapping
from lawful guardianship

362. Abduction

363. Punishment
for kidnapping

363A. Kidnapping
or maiming a minor for purposes of begging

364. Kidnapping
or abducting in order to murder

364A. Kidnapping
for ransom, etc.

365. Kidnapping
or abducting with intent secretly and wrongfully to confine person

366. Kidnapping,
abducting or inducing woman to compel her marriage, etc.

366A. Procuration
of minor girl

367. Kidnapping
or abducting in order to subject person to grievous hurt, slavery, etc.

368. Wrongfully
concealing or keeping in confinement, kidnapped or abducted person

369. Kidnapping
or abducting child under ten yeas with intent to steal from its person

370. Buying
or disposing of any person as a slave

371. Habitual
dealing in slaves

372. Selling
minor for purposes of prostitution, etc.

373. Buying
minor for purposes of prostitution, etc.

374. Unlawful
compulsory labour

CHAPTER XVI

6

OF KIDNOPPING ABDUCTION, SLAVERY AND FORCED LABOUR

359. Kidnapping: - Kidnapping
is of two kinds: - kidnapping from ¹[India],
and kidnapping from lawful guardianship.

1. The words
“British India” have successively been subs. by the A. O.1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and sch, to read as above.

360. Kidnapping from
India: -Whoever conveys any person beyond the limits of ¹[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 ¹[India].

1. The words
“British India” have successively been subs. by the A. O.1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and sch., to read as above.

361. Kidnapping from
lawful guardianship: - Whoever takes or entices any minor under ¹[sixteen] years of age if a male, or under ²[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
of 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 lawful custody of such child, unless such act is committed for
an immoral or unlawful purpose.

1. Subs. by Act
42 of 1949, sec. 2, for “fourteen”.

2. Subs. by Act
42 of 1949, sec. 2, for “sixteen”.

STATE AMENDMENTS

Union
of Territory of Manipur:

In its application to Union Territory
of Manipur, in section 361 for the words ‘eighteen’ substitute the word
‘fifteen’.

[Vide Act No.30 of 1950].

362. Abduction: - Whoever
by force compels, or by any deceitful means induces, any person to go from any
place, is said to abduct that person.

363. Punishment for
kidnapping: - Whoever kidnaps any person from ¹[India] or from lawful guardianship, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.

1. The words
“British India” have successively been subs. by the A.O.1948, the A. O.1950 and
Act 3 of 1951, sec.3 and sch., to read as above.

¹[363A.Kidnapping
or maiming a minor for purposes of begging: -

(1) Whoever kidnaps any minor or, not being the
lawful guardian of a minor, obtains the custody of the minor, in order that
such minor may be employed or used for the purpose of begging shall be
punishable with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in order that such
minor can be employed or used for the purposes of begging shall be punishable
with imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful
guardian of minor, employs or uses such minor for the purpose of begging, it
shall be presumed, unless the contrary is proved, that he kidnapped or
otherwise obtained the custody of that minor in order that the minor might be
employed or used for the purposes of begging.

(4) In this section –

(a) “Begging” means;

(i) Soliciting or receiving alms in a public
place, whether under the pretence of singing, dancing, fortune-telling,
performing tricks or selling articles or otherwise;

(ii) Entering on any private premises for the
purpose of soliciting or receiving alms;

(iii) Exposing or exhibiting, with the object of
obtaining or e extorting alms, any sore, wound, injury, deformity or disease,
whether of himself or of nay other person or of an animal;

(iv) Using a minor as an exhibit for the purpose
of soliciting or receiving alms;

(b) “Minor” means-

(i) In the case of a male, a person under
sixteen years of age; and

(ii) In the case of a female, a person under
eighteen years of age].

1. Ins. by Act 52
of 1959, sec. 2 (w.e.f. 15-1-1960).

364. Kidnapping or
abducting in order to murder: - Whoever kidnaps or abducts any
person in order that such person may be murdered or may be so disposed of as to
be put in danger of being murdered, shall be punished with ¹[imprisonment for life] or rigorous
imprisonment for a term which may extend to ten years, and shall also be
liable to fine.

Illustrations

(a) A kidnaps Z from ²[India], intending or knowing it to be likely
that Z may be sacrificed to an idol. A has committed the offence defined in
this section.

(b) A
forcibly carries or entices B away from his home in order that B may be
murdered. A has committed the offence defined in this section.

1. Subs. by Act
26 of 1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).

2. The words
“British India” have successively been subs. by the A. O.1948, the A.O.1950 and
Act 3 of 1951, sec.3 and sch., to read as above.

¹[364A. Kidnapping for ransom, etc.—Whoever kidnaps or
abducts any person or keeps a person in detention of the such kidnapping or
abduction and threatens to cause death or hurt to such person, or by his
conduct gives rise to a reasonable apprehension that such person may be put
death or hurt, or causes hurt or death to such person in order to compel the
Government or ²[any foreign
State or international inter-governmental organization or any other person] to
do or abstain from doing any act or to pay a ransom, shall be punishable with death,
or imprisonment for life, and shall also be liable to fine].

1. Ins. by Act 42
of 1993, sec. 2 (w.e.f. 22-5-1993).

2. Subs. by Act
24 of 1995, for “any other person” (w.e.f. 26-5-1995.

365. Kidnapping or
abducting with intent secretly and wrongfully to confine person: -
Whoever kidnaps or abducts any person with intent to cause that person to be
secretly and wrongfully confined, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
to fine.

366. Kidnapping,
abducting or inducing woman to compel her marriage, etc.-Whoever
kidnaps or abducts any woman with intent that she may be compelled, or knowing
it to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced or seduced to illicit intercourse, or
knowing it to be likely that she will be forced or seduced to illicit
intercourse shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine; ¹[and whoever, by means of criminal
intimidation as defined in this Code or of abuse of authority or any other
method of compulsion, induces any woman to go from any place with intent that
she may be, or knowing that it is likely she will be, forced or seduced to
illicit intercourse with another person shall be punished as aforesaid].

1. Added by Act
20 of 1923, sec. 2.

¹[366A. procuration of minor girl: -Whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years to go from
any place or to do any act with intent that such girl may be, or knowing that
it is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment which may extend to ten
years, and shall also be liable to fine.]

1. Ins. by Act 20
of 1923, sec. 3.

¹[366B. Importation of girl from foreign country. – Whoever
imports into ²[India] from any
country outside India ³[or from
the State of Jammu and Kashmir] any girl under the age of twenty-one years with
intent that she may be, or knowing it to be likely that she will be, forced or
seduced to illicit intercourse with another person, ⁴[***] shall be punishable with imprisonment
which may extend to ten years and shall also be liable to fine.]

1. Ins. by Act 20
of 1923, sec. 3.

2. The words
“British India” have successively been subs. by the A.O. 1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and Sch. to read as above.

3. Ins. by Act 3
of 1951, sec. 3 and Sch.

4. Certain words omitted by Act 3 of 1951,
sec. 3 and Sch.

367. Kidnapping or
abducting in order to subject person to grievous hurt, slavery, etc.-
Whoever kidnaps or abducts any person in order that such person may be
subjected, or may be so disposed of as to be put in danger of being subject to
grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to
be likely that such person will be so subjected or disposed of, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

368. Wrongfully
concealing or keeping in confinement, kidnapped or abducted person:
- Whoever, knowing that any person has been kidnapped or has been abducted,
wrongfully conceals or confines such person, shall be punished in the same
manner as if he dad kidnapped or abducted such person with the same intention
or knowledge, or for the same purpose as that with or for which he conceals or
detains such person in confinement.

369. Kidnapping or
abducting child under ten years with intent to steal from its person:
- Whoever kidnaps or abducts any child under the age of ten years with the
intention of taking dishonestly any movable property from the person of such
child, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

370. Buying or
disposing of any person as slave: - Whoever imports, export,
removes, buys, sells or disposes of any person as a slave, or accepts, receives
or detains against his will any person as slave, shall be punished with
imprisonment of either description for a term which may extend to seven years
and shall also be liable to fine.

371. Habitual dealing
in slave: - Whoever habitually imports, exports, removes, buys,
sells, traffics or deals, shall be punished with ¹[imprisonment for life]’ or with
imprisonment of either description for a term not exceeding the years, and
shall also be liable to fine.

1. Subs. by Act
26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

372. Selling minor
for purposes of prostitution, etc.- Whoever sells, lets to hire, or
otherwise disposes of any ¹[person
under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely
that such person will at any age be] employed or used for any such purpose,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall be liable to fine.

²[Explanation I: - When a female under the
age of eighteen years sold, let for hire, or otherwise disposed of to a
prostitute or to any person who keeps or manages a brothel, the so disposing of
such female shall, until the contrary is proved, be presumed to have disposed
of her with the intent that she shall be used for the purpose of prostitution.

Explanation II: - For the
purposes of this section “illicit intercourse” means sexual intercourse between
persons not united by marriage or by any union or tie which, though not
amounting to a marriage, is recognised by the personal law or custom of the
community to which they belong or, where they belong to different communities,
of both such communities, as constituting between them a quasi –marital
relation].

1. Subs. by Act
18 of 1924, sec. 2, for certain words.

2. Ins. by Act 18
of 1924, sec. 3.

373. Buying minor
for purposes of prostitution, etc.- Whoever buys, hires or otherwise
obtains possession of any ¹[person
under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, of knowing it to be likely
that such person will at any age be] employed or used for any purpose, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

²Explanation I- Any prostitute or any person keeping or managing
a brothel, who buys or otherwise obtains possession of a female under the age
of eighteen years shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.

ExplanationII-“Illicit intercourse” has the same meaning as in
section 372].

1. Subs. by Act
18 of 1924, sec, 2 for certain words.

2. Ins. by Act 18
of 1924, sec, 4.

374. Unlawful
compulsory labour: - Whoever unlawfully compels any person to labour
against the will of that person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with both.

Posted in: Sections 359 to 374