Wednesday 1 August 2012

Kidnapping and its types


Kidnapping can be classified in two types according to the law of Pakistan. Sections 359, 360 and 361 of Penal Code define this fact in the following manner.





359.Kidnapping:
Kidnapping is of two kinds: Kidnapping from Pakistan and kidnapping from lawful guardianship.
 
360.Kidnapping from Pakistan, etc.:
Whoever conveys any person beyond the limits of Pakistan without the consent of that person, or of some person legally authorised to consent on behalf of that person is said to kidnap that person from Pakistan.
 
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 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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