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    Kidnappin and Abduction

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    KIDNAPPING AND ABDUCTION

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    Kidnappin and Abduction

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    smetraiyee28
    8 views3 pages
    KIDNAPPING AND ABDUCTION

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    KIDNAPPIN AND ABDUCTION

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    KIDNAPPING AND ABDUCTION

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8 views3 pages

    Kidnappin and Abduction

    Uploaded by

    smetraiyee28
    KIDNAPPING AND ABDUCTION

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    KIDNAPING AND ABDUCTION

     Section 359 – defines kidnapping :


    o Kidnapping from India and kidnapping from lawful guardianship
     Section 360 – kidnapping from India : whoever conveys any person beyond the limits
    of India 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 India.
     Section 361 – kidnapping from lawful guardianship : whoever takes or entices any
    minor under 16 years of age if a male or under 18 years of age is 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.
    o Explanation : the word ‘lawful guardian’ in this section includes any person
    lawful entrusted with the care or custody of such minor or other person
    o 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 is good
    faith believes himself to be entitled to the lawful custody of such child, unless
    such act is committed for an immoral or unlawful purpose.

    ESSENTIALS FOR KIDNAPPING :

    o There must be taking or enticing of a minor, or a person of unsound mind


    o Such minor must be – either an under 16 boy or an under 18 girl.
    o Taking or enticing must be out of keeping of the lawful guardian of such
    minor or person of unsound mind; and
    o Taking or enticing must be without the consent of such guardian.

    GUIDING PRINCIPLES IN SECTION 361 :

    o In case of the minor girls – this section is attracted irrespective of the question
    whether she is married or unmarried
    o State of Harayana v Raja Ram – consent of the minor is immaterial
    o State v Sulekh – motive and intention of the kidnapper is also immaterial
    o Queen v Prince – kidnapped girl turns out to be under 18 – the kidnapper will
    be held liable, even though he had a bonafide belief and reasonable ground for
    believing that she was over 18 years of age.
    o the defence that the girl was an easy virtue would not be sufficient to make
    accused not liable.

     There is a distinction between taking and enticing – mental attitude of child is


    immaterial in case of taking when the child is taken away. Entice involves the idea of
    inducement or allurement – Biswanath Mallick v State of Orissa

    ABDUCTION (SEC 362 OF IPC)

     Carrying away of a person by fraud or force.


     In UK – kidnapping is used for minors and adults
     In India – kidnapping is used for minors and abduction – for adults
     Section 362 : whoever by force compels, or by any deceitful means induces, any
    person to go from any place, is said to abduct that person.
    o Here, ‘force’ connotes actual force and not merely show or threat of force
    o Deceitful – is wide enough to include inducing a girl to leave her guardian’s
    house on a pretext
    o It also implies the use of misrepresentation and fraud by act or conduct – R v.
    Cort
    o It would be an offence to carry a grown – up woman by force against her own
    will even with the object of restoring her to her husband.
     Section 363 : punishment for kidnapping – imprisonment up to 7 years and shall also
    be liable to fine.
     Section 363 -A : kidnapping or maiming a minor for purposes of begging
     Section 364 – kidnapping or abducting to murder
     Section 364-A : kidnapping for ransom, etc.
     Section 365 – kidnapping or abducting with intent secretly and wrongfully to confine
    person
     Section 366 – kidnapping, abducting, or inducing a woman to compel her marriage, et.
     Section 366 A – procuration of minor girl –
     Section 366 B – importation of girl from foreign country
     Section 367 – kidnapping or abducting to subject person to grievous hurt, slavery, etc.
     Section 368 – wrongfully concealing or keeping in confinement, kidnapped or
    abducted person.

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