Written by: Anirudh Singh Malik
Kidnapping And Abduction
The terms mentioned above are offences under the Indian Penal Code,1860, and in this blog we will discuss Kidnapping and Abduction in detail and discover its importance in the day-to-day life as these offences are very commonly occurring in our community, hence, it is necessary to have a clearer understanding of these offences. This blog aims to spread awareness about the same. Let’s look at what can be termed as Kidnapping and Abduction. Kidnapping and abduction are serious offenses under the Indian Penal Code (IPC). These offenses involve the act of taking away or detaining someone against their will, usually for a ransom or other unlawful purposes. In this blog, we will take a closer look at the provisions related to kidnapping and abduction in the IPC.
When a person is taken away by another person without the permission of his/her guardian or without his/her guardian’s consent is known as Kidnapping.
Under Section 359 of the IPC, kidnapping is defined as taking or enticing away a person against their will. The act can be done with the intention of demanding a ransom or for any other unlawful purpose. The term “taking away” means that the person is moved from one place to another without their consent, while “enticing away” means that the person is induced to move from one place to another by deceitful means.
Section-359 of the IPC talks about the Kidnapping as – Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship.
Let’s discuss about Kidnapping from India, what does it mean?
Section-360– explains about the kidnapping from Indiawhich means when a person takes another person away from his hometown i.e. takes him/her to another place beyond the territorial limits of India is known as Kidnapping from India.
Section-361 talks about the kidnapping of a person from the lawful guardian which says that when a person takes or entices a minor child who is a girl (minor) below age of 18 or male below the age of 16 or any person who is of unsound mind is taken away from lawful guardian without the consent of such guardian is known to be kidnapping of person from lawful guardianship.
The word entices used in the above-mentioned section means which encourages the kidnapped person to visit the kidnapper against his or her will. Enticement is entirely dependent on the person’s mental state at the time of the inducement. It is not limited to a particular type of allurement; rather, any action that is sufficient to seduce a young woman qualifies as allurement.
The explanation of the word entices, and clarification was presented in the case of Biswanath Mallick V/S State Of Orissa(1955) Cr LJ 1416
Punishment of kidnapping is discussed under the section 363 of the IPC, 1860, which says that if any person commits the act of kidnapping a person from India or from the lawful guardianship, will be punished with an imprisonment of either described term which may extend to seven years or shall be liable for a fine.
ABDUCTION– Is explained in the section-362 which says that when a person uses force or by deceitful means induces another person to go to another place is Abduction of that person.
Abduction, on the other hand, is defined under Section 362 of the IPC as taking a person away against their will, without the intention of demanding a ransom or for any other unlawful purpose. Abduction can also be done by deceitful means, such as persuading a person to go with the abductor under false pretenses.
These were the basics of the kidnapping and Abduction lets discuss the further classification and types of kidnapping in the Indian Penal Code,1860.
Kidnapping or maiming a minor for purposes of begging Section-363A– was inserted in the code in 1960 for the protection of the minor who are kidnapped and used for the maiming and begging. Further the section says that if a person kidnaps any minor from India or from lawful guardians in order to employ that minor or purpose of kidnapping is to use them as agents to beg on roads, it is an offence under IPC and is punishable up to imprisonment of ten years with a described fine.
Kidnapping or Abduction in order to murder– section 364 defines the kidnapping or abduction in order to murder which says that when a person kidnaps or abducts any person for the purpose of murder or may be disposed of as to be put in danger to be murdered, is an offence under section 364 of IPC which is punishable as imprisonment for life or rigorous imprisonment for term up to ten years and shall be liable for fine.
Further section 364A is added to the code in 1993 which explains kidnapping for ransom, etc.- Whoever kidnaps or abducts any person, or holds a person in detention after such kidnapping or abduction, and threatens to kill or injure that person, or by his conduct causes a reasonable suspicion that that person may be killed or injured, or kills or injures that person in order to persuade the government or abstain from doing any act or to pay a ransom(demand of money or another valuables in exchange of the person) is offence under IPC, 1860 and is punishable with death penalty or imprisonment of life and shall be liable for fine.
Kidnapping or abducting with intent secretly and wrongfully to confine person-section 365 stipulates the Kidnapping or abducting with intent secretly and wrongfully to confine person which elucidates that when a person confines another person with an intention to cause harm secretly and wrongfully. This offence is punishable with imprisonment which may extend to seven years and is liable for the fine.
Kidnapping, abducting, or inducing woman to compel her marriage, etc- Section 366 talks about Kidnapping, abducting, or inducing woman to compel her for marriage, etc which describes the offence as when a person kidnaps or abducts a woman to perform marriage, intercourse against her will or by force. It is punishable under section 366 with an imprisonment which can extend up to ten years and is liable for a fine. Two more sections were added to IPC section 366A and 366B which explains Procreation of minor girl and Importation of girl from foreign country respectively.
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc – Section 367 elucidates the Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc as an offence under IPC which says when anyone who kidnaps or abducts someone with the intention of subjecting them to grievous harm, slavery, or the unnatural lust of another person, or with the knowledge that such subjecting or disposal is likely to occur, the offence shall be punished with imprisonment of either description for a term which may extend to ten years, as well as being subject to a fine.
Wrongfully concealing or keeping in confinement, kidnapped or abducted person– Section 368 talks about wrongfully concealing or keeping in confinement, kidnapped or abducted person, which is when anyone has the knowledge that a person is abducted or kidnapped or is wrongfully confined, he/she will be punished in the same manner as the person who commits kidnapping or abduction.
Kidnapping or abducting child under ten years with intent to steal from its person– Section 369 stipulates kidnapping or abducting a child under ten years with an intent to steal from its person. When anyone kidnaps or abducts a child below the age of ten years with an intention to demand or dishonestly take any movable property from his/her parents or guardian is punishable under section 369 with an imprisonment which can extend up to seven years and shall be liable for fine.
Defenses for Kidnapping and Abduction
In some cases, the accused may have a defense for kidnapping or abduction. The defenses can include:
- Consent – If the person kidnapped or abducted gave their consent, it may be a defense. However, the consent must be free and voluntary.
- Necessity – If the accused committed the offense in order to prevent a greater harm or danger, it may be a defense.
- Lawful authority – If the accused had the lawful authority to take the person away, such as a police officer making an arrest, it may be a defense.
Conclusion– The above explained offences are covered under the Indian Penal Code, 1860 which are very important to understand as the people out there use these against the community and sometimes due to unawareness, the proper complaints are not registered and legal steps are unserved against them and hence justice is not provided. Kidnapping and abduction are serious offenses under the Indian Penal Code. These offenses can lead to severe punishments, including life imprisonment. It is essential to be aware of the provisions related to kidnapping and abduction to avoid committing such offenses. If you or someone you know has been a victim of kidnapping or abduction, it is important to report the incident to the police immediately.