In 1889, having “discovered” a young Singhalese boy, Curuppumullage Jinarajadasa (1875-1953), whom he later claimed to be the reincarnation of his brother, Gerald (who had never existed), Leadbeater planned to take the boy back to England with him, and, given that the boy was under 14 years of age and under the control of his parents who refused to consent to the boy leaving Ceylon, therefore to abduct the boy. See: https://cwleadbeater.wordpress.com/2016/09/11/the-abduction-of-jinarajadasa-2/
The relevant sections of The Penal Code for Ceylon, 1885, are quoted below.
Whoever conveys any person beyond the limits of Ceylon without the consent of that person or of some person legally authorized to consent on behalf of that person, is said to “kidnap that person from Ceylon”.
This was the crime Leadbeater was attempting to commit. He did not have the consent of “person legally authorized to consent on behalf of” Jinarajadasa, that is, his father.
Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, without the consent of such guardian, is said to “kidnap such minor or person from lawful guardianship”.
This was a crime Leadbeater committed. He both enticed and took Jinarajadasa, being a male under fourteen years of age, without the consent of his guardian. Jinarajadasa was born on 16 December 1875. Leadbeater enticed, assisted and “took” Jinarajadasa from his parents in the days prior to 28 November 1889 (when the ship on which he was to be taken to England sailed), at which time Jinarajadas was under fourteen years of age. He did not attain fourteen years of age until 16 December 1889.
Whoever by force compels, or by any deceitful means, or by abuse of authority or any other means of compulsion, induces any person to go from any place, is said to” abduct” that person.
Either by “deceitful means” (as the law would certainly understand it) or by “abuse of authority”, by telling the boy that the Master required him to accompany Leadbeater to England, Leadbeater induced Jinarajadasa to go from his parents’ home.
Whoever kidnaps any person from Ceylon or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Leadbeater attempted (and an attempt at the commission of a crime is in itself a crime) to kidnap Jinarajadasa from Ceylon, and did (albeit for a short period) kidnap him from “lawful guardianship”, rendering himself liable to a maximum penalty of seven years imprisonment, with or without a fine.
Whoever kidnaps or abducts any person with intent to cause that person to be secretly andwrongfully confined shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
As Jinarajadasa himself wrote:
Bit by bit I collected a few clothes, which were put in a carpet bag, and on a certain afternoon I took them to a particular place in Colombo where a sailor from the ship met me, and I gave the bag to him. That evening I slipped away from home, and went to the beach, where I found C. W. L. It was utterly dark, and a monsoon wind was blowing, with huge waves. I was told that the ship’s boat was out there beyond the waves, and that I was to swim out. I had on only a dhoti and a coat. I stripped and gave these to C. W. L. and plunged into the waves. Just beyond the breakers I saw something white, and this was the boat. Two sailors hauled me in. I still vividly recall the sensation of cold and shivering as I lay crouched at the bottom, with a strong wind blowing. The boat took me to the ship, and the Chief Mate conducted me to a cabin, where I found my carpet bag. I stayed locked in the cabin that night and the whole of the next day and night, also a part of the following day.
I was locked in not as a prisoner but to prevent any of the sailors, stevedores and others knowing of my presence on board, and to prevent the police who were inquiring after me from getting to know where I was. I had put in the carpet bag two volumes of Jules Verne, so I was happy enough.
[from C. Jinarajadasa Occult Investigations. A Description of the Work of Annie Besant and Charles Leadbeater Theosophical Publishing House, Adyar, 1938:115-122]
Jinarajadasa was, in legal terms, “secretly and wrongfully confined”, rendering Leadbeater liable to a maximum penalty of seven years imprisonment, with or without a fine. That Jinarajadasa himself did not object to the confinement was irrelevant: as a boy under fourteen years of age he did not have the legal capacity to give consent.
For The Penal Code for Ceylon, 1885, see: http://hrlibrary.umn.edu/research/srilanka/statutes/Penal_Code.pdf