Law study · For law students
Kidnapping in 12 flashcards.
In short
Kidnapping from lawful guardianship is taking or enticing a minor (under 14 if male, under 16 if female) or a person of unsound mind out of the guardian's keeping (PPC s.361). Abduction is compelling any person by force, or inducing by deceit, to go from any place (s.362). Twelve flashcards from s.359 to s.369.
By the FAI Legal editorial desk · 19 October 2026 · 12 slides · 2 min read
Quick quiz. The father.
Guess first, then swipe for the answer.
- A. Yes
- B. No, he is a lawful guardian
- C. Only if he leaves Pakistan
Answer: B. Parents and s.361.
Two lines from the case law.
- 2022 PCrLJN 129Father and mother cannot prosecute each other for kidnapping their own minor children. FIR quashed (Islamabad High Court).
- 2024 MLD 1309The father's guardianship does not end while the child is with the mother (Sindh High Court).
The definition.
Section 361, PPC.
“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.”
Pakistan Penal Code, 1860 · Section 361, Kidnapping from lawful guardianship
Meaning. Cards 1 to 3.
Where it starts.
- KidnappingTwo kinds: from Pakistan, and from lawful guardianship. (s.359)
- From PakistanConveying a person beyond Pakistan without lawful consent. (s.360)
- AbductionBy force compelling, or by deceit inducing, any person to go from any place. (s.362)
Punishment. Cards 4 to 6.
The basic offences.
- KidnappingUp to 7 years, and fine. (s.363)
- Secret confinementKidnap or abduct to confine secretly. Up to 7 years, and fine. (s.365)
- To murderLife, or rigorous up to 10 years, and fine. (s.364)
Aggravated. Cards 7 to 9.
Where it gets severe.
- Under fourteenFor murder, hurt, slavery or lust. Death, life, or 7 to 14 years. (s.364-A)
- RansomTo extort property or a demand. Death or life, and forfeiture. (s.365-A)
- Child under tenTo steal from the child. Up to 7 years, and fine. (s.369)
Others. Cards 10 to 12.
And the procedure.
- ConcealingKnowingly hiding a kidnapped person: punished as the kidnapper. (s.368)
- Lawful guardianIncludes anyone lawfully entrusted with care or custody. (s.361, Expl.)
- Section 363Bailable, not compoundable, cognizable. (Sch. II CrPC)
Kidnap or abduct?
The difference.
- KidnappingA minor (under 14 male, under 16 female) or a person of unsound mind, taken from the guardian.
- AbductionAny person, any age, by force or by deceit (s.362).
Exam traps.
Read the words.
- Ages differ14 for a boy, 16 for a girl in s.361. Under 14 in s.364-A.
- Good faithThe s.361 Exception covers a person who in good faith believes he is entitled to custody.
- PurposeSections 364 to 369 turn on the intention behind the taking.
Revise with FAI.
Ask FAI in your own words. It answers with the exact section and the leading judgments.
- Difference between kidnapping and abduction, with cases.
- Can a mother be charged with kidnapping her own child?
Example questions
Sources
- Pakistan Penal Code, 1860 · Section 361
Kidnapping from lawful guardianship Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
