Anonymous
Asked January 29, 2017

Took another child by mistake

  • 1 Answer
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I work as child takecare person for a family. On my first day I went with the child to park but since I could not recognize him properly by mistake I picked wrong child while returning but within 5 minutes I realized my mistake and returned the child to the place. Can I be held liable for kidnapping?

Answer 1

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Anonymous

Law relating to child's protection is very strict for their safety. You will to prove that you took the wrong child in good faith and if that can be proven then section 361 of IPC can come to your rescue.

Section 361 in The Indian Penal Code

361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.

(Exception) —This section does not extend to the act of any person who in good faith believes himself to be the father of an ille­gitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 

Agree Comment 0 Agrees over 3 years ago

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