Indian Penal Code, 1860
Section 369
repealedKidnapping or abducting child under ten years with intent to steal from its person
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 of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This provision targets a specific, cruel form of theft where young children, often wearing jewellery given by family, are lured away or taken specifically so their ornaments can be stolen, exploiting the child's vulnerability and inability to resist or report the crime effectively. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize kidnapping a young child specifically to steal from their person.
How courts read it
Courts have held that the specific intent to steal property from the child must be shown at the time of taking the child, distinguishing this offence from general kidnapping without any theft motive.