Indian Penal Code, 1860
Section 360
repealedKidnapping from India
Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.
Why this exists
This provision protects a person's right to remain within the jurisdiction of Indian law and their community, and prevents people from being taken abroad against their will where Indian authorities may have less power to help them. It reflects colonial-era concerns about people being taken to other territories without consent. The Bharatiya Nyaya Sanhita, 2023 retains an equivalent kidnapping-from-India provision.
How courts read it
Courts focus on whether consent was genuinely given by the person or their lawful representative; consent obtained by fraud or from someone without authority to give it does not count as valid consent.
Common misconceptions
- Myth: If a person signed a travel document, they automatically consented and it can't be kidnapping.
Fact: Consent obtained through fraud, deception, or without proper understanding of what is really happening is not valid consent under the law.