Factor of Age in Rape and Kidnapping
By
V. K. Maheshwari
Apart from offences relating to dowry the kidnapping, abduction and rape are three major offences affecting the person and prestige of woman. A colossal number of cases of kidnapping, abduction and rape are reported every year. Investigating agencies and courts have to deal with these types of cases cautiously. Not only the investigating officers but sometimes even the courts find themselves in dilemma in reaching to a definite conclusion due to different age limits of women, provided in Indian Penal Code for aforesaid offences. Here, I shall confine myself to the existing provisions of kidnapping and rape only.
Kidnapping, as it stands today, is defined in Sec. 361 of Indian Penal Code and reads as under
Section 361 — Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age of a female or any person of unsound mind, out of keeping of lawful guardianship of such minor or person of unsound mind, without the co ....