Servant kidnapped the child

I kept a servant to pick my child from school, on the first day he went to the school and in good faith he picked up wrong child because he had confusion regarding the child, he then instead of bringing child home made him beg on the street. Can he be held liable for kidnapping?

Asked on November 30, 2016 in child.
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All the elements of kidnapping under IPC is fulfilled here. He could have got the benefit of the exception under section 361 IPC since he picked the child in good faith but the exception states unless the purpose is immoral or unlawful which in this case was so exception will not applicable.


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. 

Answered on December 2, 2016.
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