361. Kidnapping from lawful guardianship.--Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen 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, 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 believe himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
COMMENTARY
Scope. Kidnapping can be of a male less than 14 years of age if he is taken away or removed from the custody of his guardian. PLD 1983 FSC 209. Removal from custody of mother by person not entitled to lawful custody. 1987 PCr.LJ 521. Extra-judicial confession to be viewed with utmost care. 1989 PCr.LJ 1184. Girl attaining puberty. Adult. 1986 PCr.LJ 272. Victim of 16 years of age. Plea of consent of no avail. 1986 SCMR 35. Any act done by accused which may be regarded as proximate cause of a minor being kept out of the keeping, authority or control of a lawful guardian is offence of kidnapping. 1998 PCr.LJ 1784.
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