Adv. Nilesh Gupta

Ever found yourself or someone in a situation where you have to be in a negative action to ultimately save something/someone? Well, it is legal to cross the line, but only sometimes and only in a certain room. The right to private defence of person and property is recognized in all free civilized democratic societies within certain reasonable limits. In the words of Bentham, "The Right of Private Defence is absolutely necessary for the protection of one’s life, liberty and property." It is the primary duty of State to protect life and property of its citizens. But the fact is that State cannot watch each and every activity of the citizens. There may be situations in which State cannot help a person immediately when his life or property is in danger.  In view of this, Indian Penal Code, 1860 u/s 96 to 106 has given the right of private defence of body and property of every individual. These provisions give the authority to person to exercise necessary force against wrong

  As per Indian Penal Code of India, Kidnapping is of 2 types as provided under Section 359 of the code: 1.       Kidnapping from India (Section 360, IPC) 2.       Kidnapping from Lawful Guardianship (Section 361, IPC) The word “ Kidnapping ” has been derived from two words “kid & napping.” Kidnapping Kid means Child Napping means To steal   In simple words “Kidnapping” means to steal a child. But Indian Penal Code has given a wider meaning which means carrying of a human being against his or her consent or some other personal legally authorized to do so on behalf of such person such as guardian of child or insane person.   Section 360 : Kidnapping from India: Essentials 1.       Conveying of a person beyond limits of India 2.       Without the consent of the person or someone legally entitled to give consent on his behalf.