Kidnapping from lawful guardianship
AI Assist
Summary
Taking or luring a male under 16, a female under 18, or a person of unsound mind away from their lawful guardian without the guardian's consent counts as kidnapping from lawful guardianship. 'Lawful guardian' includes anyone lawfully entrusted with the care or custody of that person. A person who in good faith believes he is the father or entitled to custody is not covered unless the act is for an immoral or unlawful purpose.
Example
Rohan takes his niece, a 15-year-old girl, from her uncle who is her lawful guardian, without the uncle's consent. That is kidnapping from lawful guardianship and Rohan can be charged unless he honestly believed he was the girl's father or entitled to custody and was not acting for an immoral or unlawful purpose.
Bare Act
Enacted textWhoever 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.
Explanations
(1) The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exceptions
(1) 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 the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
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