Section Overview
Section Number:
IPC Section 369
Section Title:
Kidnapping or Abducting Child Under Ten Years with Intent to Steal from Its Person
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with similar child-protection principles retained.
Applicability:
IPC Section 369 applies when:
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A child under ten years of age is kidnapped or abducted;
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The accused intends to steal property from the child;
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The kidnapping or abduction is connected to the intended theft.
👉 The section specifically protects young children from being targeted for theft-related crimes.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 369 ka simple matlab hai ki agar koi person 10 saal se chhote bachche ko kidnap ya abduct karta hai taaki uske paas ki jewellery, money ya kisi property ko chura sake, to ye offence hai.
Simple words mein:
"Chori ke purpose se chhote bachche ko kidnap karna IPC Section 369 ka crime hai."
Legal Meaning
A person commits an offence under Section 369 when:
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The victim is under ten years old;
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Kidnapping or abduction takes place;
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The intention is to steal property from the child's person.
Essential Ingredients
Victim Must Be Under Ten Years
The age of the child is a crucial requirement.
The prosecution must prove that the child was below ten years of age.
Kidnapping or Abduction
The child must be:
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Kidnapped; OR
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Abducted.
Intention to Steal
The accused must intend to steal:
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Jewellery;
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Money;
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Valuable articles;
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Any movable property carried by the child.
Connection Between Kidnapping and Theft
The kidnapping must be committed for the purpose of theft.
Punishment & Legal Classification
Punishment
IPC Section 369 provides:
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Imprisonment up to 7 years; AND
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Fine.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Non-Compoundable.
Triable By
Magistrate of First Class.
IPC ↔ BNS Mapping
IPC Section
IPC Section 369
BNS Equivalent
The Bharatiya Nyaya Sanhita continues provisions relating to:
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Child kidnapping;
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Child protection;
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Theft connected with kidnapping;
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Exploitation of minors.
Status
Concept retained.
Real-Life Examples
Example 1: Jewellery Theft
A child wearing gold jewellery is kidnapped so the ornaments can be stolen.
Section 369 applies.
Example 2: Taking Child for Theft
A person abducts a child carrying money with the intention of stealing it.
IPC Section 369 applies.
Example 3: Festival Crowd Incident
A child is separated from guardians and taken away so valuables can be removed.
Section 369 may apply.
Example 4: Organized Theft
Criminals target children specifically because they are carrying expensive ornaments.
Section 369 applies.
Landmark Judgments
Case Name:
State of Haryana v. Raja Ram
Court:
Supreme Court of India
Key Takeaway:
Protection of minors remains a primary objective of kidnapping provisions.
Case Name:
Prithi Chand v. State of Himachal Pradesh
Court:
Supreme Court of India
Key Takeaway:
Kidnapping offences involving vulnerable victims require strict interpretation.
Case Name:
Vikram Singh v. Union of India
Court:
Supreme Court of India
Key Takeaway:
Crimes targeting children are treated with greater seriousness under criminal law.
Legal Insights
When Is This Section Applied?
Section 369 is applied when:
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The victim is under ten years old;
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Kidnapping or abduction occurs;
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Theft is the objective;
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Children are specifically targeted for valuables.
Common Misuse Scenarios
No Theft Intention
Kidnapping occurred but not for theft purposes.
Age Not Established
The prosecution cannot prove the child was under ten.
No Kidnapping
The child was not unlawfully removed.
False Allegations
Facts may support another offence rather than Section 369.
Defenses Available
No Intent to Steal
The required intention is absent.
Victim Not Under Ten
Age requirement is not satisfied.
No Kidnapping or Abduction
Essential ingredient not established.
Insufficient Evidence
The prosecution fails to prove motive or conduct.