IPC Section 369 deals with kidnapping or abducting a child below 10 years of age with the intention of stealing movable property from the child. The offence is punishable with imprisonment of up to 7 years and a fine. This provision was created to protect young children from being targeted for theft and exploitation.
Detailed Explanation
IPC Section 369 was part of the Indian Penal Code, 1860. It specifically addressed situations where a person kidnaps or abducts a child under the age of ten years to dishonestly take property from the child’s possession.
The law recognizes that young children are more vulnerable and may not be able to protect themselves from offenders who want to steal valuable items such as jewellery, watches, mobile phones, cash, or other movable property.
For an offence under IPC Section 369, the following elements must be present:
- The victim must be a child below 10 years of age.
- The accused must kidnap or abduct the child.
- The intention must be to dishonestly take movable property from the child.
The prosecution must prove both the act of kidnapping or abduction and the intention to steal property from the child.
Example
Suppose a person notices a 9-year-old child wearing a gold chain. The person lures the child away from a playground and takes the chain. In such a case, IPC Section 369 may apply because the child was taken away with the intention of stealing property from the child.
Important Features of IPC Section 369
| Point | Explanation |
|---|---|
| Victim | Child below 10 years of age |
| Act | Kidnapping or abduction |
| Intention | Theft of movable property from the child |
| Maximum Punishment | Up to 7 years imprisonment and fine |
| Nature of Offence | Cognizable |
| Bail | Non-bailable |
| Trial Court | Magistrate of the First Class |
Key Points / Important Facts
- IPC Section 369 applies only when the child is below 10 years of age.
- Mere kidnapping is not enough; there must be an intention to steal property from the child.
- The property involved must be movable property such as jewellery, money, mobile phones, or similar items.
- The offence is considered serious because it targets young and vulnerable children.
- Police can register and investigate the case without prior court permission as it is a cognizable offence.
- The offence is generally treated as non-bailable.
- Courts examine evidence relating to both the kidnapping and the intention to commit theft.
Legal Provision or Section
Act: Indian Penal Code, 1860
Section: IPC Section 369 – Kidnapping or abducting child under ten years with intent to steal from its person.
The section stated:
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child shall be punished with imprisonment which may extend to seven years and shall also be liable to fine.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) with effect from 1 July 2024.
The provisions relating to this offence are now covered under Section 97 of the Bharatiya Nyaya Sanhita, 2023, which substantially continues the same legal principle regarding kidnapping or abducting a child under ten years with intent to steal from the child.
Conclusion
IPC Section 369 was designed to protect children below ten years of age from being kidnapped or abducted for the purpose of stealing their property. The offence carries a punishment of up to seven years’ imprisonment along with a fine. Although the IPC has been replaced by the Bharatiya Nyaya Sanhita, 2023, the protection provided under IPC Section 369 continues under the new criminal law framework. Understanding IPC Section 369 helps parents, guardians, students, and the general public recognize the seriousness of crimes involving young children.
Sources & References
- India Code – Indian Penal Code, 1860
- India Code – Bharatiya Nyaya Sanhita, 2023
- Legislative Department, Government of India
- Ministry of Home Affairs, Government of India
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.