Kidnapping is a serious offense under Indian law, governed by various sections of the Indian Penal Code (IPC). This article provides a comprehensive overview of the legal provisions related to kidnapping, including definitions, types, and punishments.
Definition and Types of Kidnapping
Under the IPC, kidnapping is classified into two main types:
- Kidnapping from India: Defined under Section 360, this involves taking a person out of the country without their consent or the consent of someone legally authorized to give it.
- Kidnapping from Lawful Guardianship: Defined under Section 361, this involves taking or enticing a minor (under 16 years for males and under 18 years for females) or a person of unsound mind out of the keeping of their lawful guardian without consent.

Key Provisions
- Section 359: This section categorizes kidnapping into the two types mentioned above.
- Section 360: Details the offense of kidnapping from India.
- Section 361: Explains kidnapping from lawful guardianship and includes exceptions, such as acts done in good faith by someone who believes they are the father of an illegitimate child.
- Section 363: Prescribes the punishment for kidnapping, which can extend to seven years of imprisonment and a fine.
Why Do Criminals Commit Kidnapping
Certain forms of kidnapping are considered more severe and carry harsher penalties:
- Kidnapping for Ransom: This involves abducting a person to demand ransom and is punishable under Section 364A with life imprisonment or the death penalty.
- Kidnapping with Intent to Murder: Section 364 covers kidnapping with the intent that the person may be murdered, punishable by life imprisonment or rigorous imprisonment up to ten years, along with a fine4.

Legal Precedents
Several landmark cases have shaped the interpretation of kidnapping laws in India:
- State of Haryana v. Raja Ram (1973): This case clarified the interpretation of “taking” and “enticing” under Section 361.
- S. Varadarajan v. State of Madras (1965): Addressed the issue of a minor’s consent in kidnapping cases.