IPC Section 361 In English

Indian Penal Code, 1860

Kidnapping from lawful guardianship.—

Section

361

Punishment

Definition / General Principle / Repealed

Cognizable

N/A

Bailable

N/A

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

N/A

Bare Act Text

361. Kidnapping from lawful guardianship.— Whoever takes or entices any minor under sixteen years of age if a 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.Explanation.— The words “lawful guardian” in this section include any person lawfully entrusted with the care or 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.

What is IPC Section 361 ?

According to the official bare act, this legal offense is defined as: 361. Kidnapping from lawful guardianship.— Whoever takes or entices any minor under sixteen years of age if a 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.Explanation.— The words “lawful guardian” in this section include any person lawfully entrusted with the care or 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.

What is the punishment for Dhara 361 ?

The punishment for this specific offense is outlined under the law as: Definition / General Principle / Repealed

Is IPC 361 bailable or non-bailable?

Under the Indian Penal Code, this specific offense is classified as a N/A offense.

Is Dhara 361 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense isN/A.

Which court has the jurisdiction to try IPC 361 cases?

Cases pertaining to this specific IPC section are triable by the N/A.

Can IPC Section 361 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

Disclaimer:

This article is for general legal information only and is not a substitute for professional legal advice. Please consult a qualified advocate for your specific case.

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.