# Kidnapping in 12 flashcards.

> 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.

- Topic: Law study
- For: Law students
- A 12-slide carousel: https://failegal.site/media/kidnapping-in-12-flashcards
- Published by FAI Legal on 2026-10-19

## 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 129** Father and mother cannot prosecute each other for kidnapping their own minor children. FIR quashed (Islamabad High Court).
- **2024 MLD 1309** The 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)

## Meaning. Cards 1 to 3.

Where it starts.

- **Kidnapping** Two kinds: from Pakistan, and from lawful guardianship. (s.359)
- **From Pakistan** Conveying a person beyond Pakistan without lawful consent. (s.360)
- **Abduction** By force compelling, or by deceit inducing, any person to go from any place. (s.362)

## Punishment. Cards 4 to 6.

The basic offences.

- **Kidnapping** Up to 7 years, and fine. (s.363)
- **Secret confinement** Kidnap or abduct to confine secretly. Up to 7 years, and fine. (s.365)
- **To murder** Life, or rigorous up to 10 years, and fine. (s.364)

## Aggravated. Cards 7 to 9.

Where it gets severe.

- **Under fourteen** For murder, hurt, slavery or lust. Death, life, or 7 to 14 years. (s.364-A)
- **Ransom** To extort property or a demand. Death or life, and forfeiture. (s.365-A)
- **Child under ten** To steal from the child. Up to 7 years, and fine. (s.369)

## Others. Cards 10 to 12.

And the procedure.

- **Concealing** Knowingly hiding a kidnapped person: punished as the kidnapper. (s.368)
- **Lawful guardian** Includes anyone lawfully entrusted with care or custody. (s.361, Expl.)
- **Section 363** Bailable, not compoundable, cognizable. (Sch. II CrPC)

## Kidnap or abduct?

The difference.

- **Kidnapping** A minor (under 14 male, under 16 female) or a person of unsound mind, taken from the guardian.
- **Abduction** Any person, any age, by force or by deceit (s.362).

## Exam traps.

Read the words.

- **Ages differ** 14 for a boy, 16 for a girl in s.361. Under 14 in s.364-A.
- **Good faith** The s.361 Exception covers a person who in good faith believes he is entitled to custody.
- **Purpose** Sections 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?**

## Sources

- Pakistan Penal Code, 1860 · Section 361: Kidnapping from lawful guardianship

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