Kidnapping--Minor Child--Voluntary Accompaniment Without Inducement Falls Outside the Ambit of Kidnapping Under Section 363 IPC
Kidnapping under Section 363 and abduction under Section 366 of the IPC require proof of active inducement, enticement, or force by the accused. Voluntary accompaniment by a minor, absent solicitation or persuasion, does not constitute "taking" out of lawful guardianship within the meaning of Section 361 of the IPC. Minority of the victim alone is insufficient to establish these offences without proof of the remaining statutory ingredients.
