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IPC 1860REPEALED

Section 359

Kidnapping

Replaced by: BNS 137

Non-BailableCognizable: CognizableCourt of Session
THE STATUTE

Original Text

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

Simplified

Section 359 classifies kidnapping into two legally distinct categories: (1) Kidnapping from India (Section 360) — taking any person beyond India's borders without their consent; (2) Kidnapping from Lawful Guardianship (Section 361) — taking a minor (boys under 16, girls under 18) or person of unsound mind out of guardian's custody without guardian's consent. The two forms differ fundamentally in who can be the victim: Section 360 applies to any person regardless of age; Section 361 is exclusively for minors and persons of unsound mind.

Landmark Precedents

Phool Singh v. State of MP (2009)

(2009) 15 SCC 258
RELEVANCE

Clarified the distinction between kidnapping from India (crossing borders, any person) and kidnapping from lawful guardianship (minors, guardian's consent required).

Practical Scenarios

"Taking a minor across international borders without guardian's consent — both types potentially applicable."

Common Queries

Only 'kidnapping from India' (Section 360) applies to adults. 'Kidnapping from guardianship' (Section 361) only applies to minors or persons of unsound mind.