Provision

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.


Simply put

To constitute an offence under Section 361:
1) There must be taking or enticing of a minor or of a person of unsound mind;
2) The minor must be under 16 years of age, if a male, or under 18 years of age, if a female;
3) The taking or enticing must be out of the keeping of the lawful guardian of the minor or person of unsound mind; and
4) The taking or enticing must be without the consent of such guardian.
The object of Section 361 is at least as much to protect children of tender age from being abducted or seduced for improper purposes as for the protection of the rights of parents and guardians.
The offence of kidnapping from lawful guardianship arises when a minor, under 16 in the case of a male or under 18 in the case of a female is taken or enticed from the keeping of the lawful guardian. 



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