KidnappingAndAbduction_359_369

Introduction
Kidnappings refer to the taking or abduction of an individual against his or her will, usually followed by some duration of captivity. Kidnappings can
be undertaken for several reasons, but the most common are for a demand of ransom payment, as a political terrorist event, or the abduction of a
child, often following a child custody dispute. Kidnapping as a behavior has been documented long throughout history and was common practice
among nomadic groups, who would steal brides from neighboring tribes. Studies of kidnappings have examined the topic from a variety of
perspectives, including tracing the historical development of kidnapping epidemics in specific regions of the world, identification of the various
typologies of kidnappings, and efforts to understand kidnappings from the offender’s perspective. Some literature has focused solely on a specific
variety of kidnapping, such as child and parental kidnapping, terrorism-based kidnappings, and so-called corporate kidnappings. Other research has
looked at the impact that kidnapping has on victims, families, and society at large. In focusing on the societal impact, a considerable portion of
research has explored the economic benefits of kidnappings both for offenders and for secondary economic markets. Finally, research has
examined approaches to the prevention of kidnappings, as well as common responses, particularly the role of media and government in kidnapping
incidents. Perhaps the biggest limitation found in existing kidnapping research is the absence of empirical studies, which stems from the difficulty in
obtaining systematically collected and representative data samples. Most existing empirical studies have been devoted to identifying the most
problematic kidnapping countries around the world, while a handful have begun to examine patterns and trends in an effort to further theoretical
foundations within the topical area.

Introduction:
In criminal law, kidnapping is the unlawful transportation asportation and confinement of a person against their will. Thus, it is a composite crime
It can also be defined as false imprisonment by means of abduction, both of which are separate crimes that when committed simultaneously upon
the same person merges as the single crime of kidnapping.
The asportation/abduction element is typically but not necessarily conducted by means of force or fear. That is, the perpetrator may use a weapon
to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly, e.g., in the belief it is a taxicab.

Meaning:
 Old common law:
Kidnapping, a word derived from kid, meaning child and nap (nab) meaning snatch.
Thus, kidnapping is described as “child stealing”

 General Description:
Kidnapping is nothing but the carrying of a person especially children by simply and illegally.
Thus, carrying either a male <=16 years or a female <=18 years from their lawful guardian is called kidnapped.

Kinds:
 As per Sec-359 of IPC, There are two types of kidnapping
A).Kidnapping from India
B).Kidnapping from lawful guardian

 In some cases, two forms of kidnapping may overlap each other

 For example,
If a minor is kidnapped from India then it is considered implicitly that he is kidnapped from lawful guardian also.

SECTION-360: Kidnapping From India

Meaning:
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.

Victim for this offence:

Male Major
Female Minor

SECTION-361: Kidnapping From Lawful Guardian

(1).Definition:
 Whoever takes or entices any minor under [Sixteen] years or age if a male, or under [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 guardian, is said to kidnap such minor or person from lawful guardianship.

 Lawful guardian:
 The words “lawful guardian” in this section includes any person lawfully entrusted with the care of 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

 State amendments for Union of Territory of Manipur:

In its application to Union Territory of Manipur, in section 361 for the Words ‘eighteen’ substitute the word’ fifteen’. [Vide Act No. 30 of 1950].

(2).Intend for this section

A).To protect victims from being exploited
B).To protect the rights of guardians who have the lawful charge or custody of their wards
Case Law:
1 CL_HarbansSinghKishanSingh

(3).Ingredients: (1,2,3,4)

ING: 1. Taking or enticing away a minor or a person of unsound mind. [TakeAwayMinorUnsoundMind]

Meaning of Take
The word 'take' means to cause to go, to escort or to get into possession.
The word "take" implies want of wish and absence of desire of the "person taken"
The mental attitude of the minor is not of relevance in the case of taking

Meaning of Enticing
'Enticing' is inducing a minor to go of her own accord to the kidnapper.
The word 'entice' involves an idea of inducement by exciting hope or desire in the other
Entice means to persuade with promises of something.
The word entice means to lure or tempt someone by promising them something that they like.
It is a little manipulative but in a fairly straightforward way.

The word 'Take' and 'Entice' in IPC Sec 361

 It was observed that: The two words, 'take' and 'entice' as used in secion 361 IPC are together so that each takes into some extent its color
and content from the other. The statutory language suggests that

 if the minor leaves her parental house completely uninflenced by any promise, offer or inducement emanating from the guilty party then the
latter cannot be considered to have commited an offence as defined in secion 361.

 If the gulty party has laid the foundation by inducement, allurement or threat and if this can be considred as having influence the minor or
weighed with her in leaving her guardian's custody or keeping and going to the guilty party then prima facie it will be difficult for him to plead
innocence on the ground that the minor had voluntarily come to him

Meaning of Unsound Mind

The unsoundness of mind must be because of natural reasons.
It should not be temporory insanity produced due to alcoholic excess or such other reason (unconscious due to datura poisioning)
Eg. Where a girl aged 20 years was made unconscious due to datura poisoning when she was taken away by 'A', it was held that 'A' was not guilty of
kidnapping because the girl could not be said to be of unsound mind.

Various case and considerations under this ingredient:

1).To prove the offence under this section, the prosecution must show that the accused took some active part in the girl's leaving her lawful
guardian's custody and taking shelter with him
Case Law(s):
1 ChhajjuRam_StateOfPunjab

2).The taking need not by force, actual, or constructive, and it is immaterial whether the girl consents or not
Case Law(s):
1 Manktelow

3).The taking of the child out of the keeping of the lawful guardianship is necessary.
The word "take" implies want of wish and absence of desire of the person taken.
Case Law(s):
1 JaiNarain_StateOfHaryana
4).It must be proved that the accused took some active steps, by persuasion or otherwise to cause the girl to leave her home.
Case Law(s):
1 Chathu_P.GovindanKutty

5).If the suggestion to go away with prisoner comes from the girl and he takes merely the passive part of yielding to her suggesion, and he is
entitled to acqittal
Case Law(s):
1 Jarvis

6).The accused must have done something which led to the girl going out of the keeping of her guardian.
Case Law(s):
1 ArathanSadasivan_StateOfKerala

7).Although merely allowing a minor to accompany a person may not ordinarily amount to taking by that person in conceivable circumstances it
may so amount.
Case Law(s):
1 Mangalpuri_SateOfGujarat  Appeal dismissed
2 Varadarajan_StateOfMadras Appeal allowed

8).The expression ' enticing ' involves that, while the person kidnapped might have left the keeping of the lawful guardian willingly, still the state of
mind that brought about the willingness must have been induced or brought about in some way by the accused.
Case Law(s):
1 SayyadAbdulSathar_Emperor

9).If the gulty party has laid the foundation by inducement, allurement or threat and if this can be considred as having influence the minor or
weighed with her in leaving her guardian's custody or keeping and going to the guilty party then prima facie it will be difficult for him to plead
innocence on the ground that the minor had voluntarily come to him
Case Law(s):
1 Vadgama_StateOfGujarat

10).if the minor leaves her parental house completely uninflenced by any promise, offer or inducement emanating from the guilty party then the
latter cannot be considered to have commited an offence as defined in secion 361.
Case Law(s):
1 ClatExamScenario

When Taking is completed:

11).The offence under this section is complete when the minor is actually taken from lawful guardianship.
The offence is not coninuing one unil the minor's return o his guardian.
Where A is kidnap a girl B and gives her to C who accepts her not knowing that she had been kidnapped.A is guilty of kidnapping but C is not.
Case Law(s):
1 Jeewan_Rex

12).It is difficult some time to determin when the taking is complete.

Generaly taking end when ransfer the minor from guardian to stanger.
Case Law(s):
1 Emperor_JetaNathoo

13).The act of taking is not a continuous process.

Once the boy or girl is taken away from lawful guarian then the act of "kidnapping" is completed.
Subseqent taking of the same boy or girl by some one else may not considered as taking.
Becuase he is not taken the boy/girl from lawful guardian.
Therefore, the subseqent takers would not be kidnapper
Howlong the subseqent taker keeps the minor with him and not to restore to his guardian is called act of "detaining' not called act of "taking"
Case Law(s):
1 NemaiChattoraj_QueenEmpress

14).In some cases, it is difficult to determine when the guideanship is completed and when the taking is completed.
Case Law(s):
1 RekhaRai_KingEmperor

15).Since the offence depends not so much on time during which the girl was away as upon the intenion to remove her form the custody of her
guardian, it is possible that there would be taking when the custody of the girl is gone through the girl may still be in the house
Case Law(s):
1 Emperor_Baillie

ING: 2. such minor must be under the age of 16 years, if a male or under the age of 18 years, if a female

 The person kidnapped must be under the age of 16 years if male and under the age of 18 years if a female (would be guilty of an offence
under this section)
 Knowledge of the accused that the person kidnapped was below the statutory age is immaterial.
 A believing in good faith the age of the girl to be over 18 years and took her away from the guardianship of her parents without their consent,
It was later discovered that the girl was below 18 years is kidnapped,
1).it would be no defense that the accused didn't know the girl to be under the age or it would be no defense that from her appearance he
might have thought that she was of greater age.
Case Law(s):
1 CL_Robins

2).Any one dealing such a girl (who appeared as woman) does so at his peril (own risk), and if she turn out to be under eighteen he must take
the consequences (further adverse effect), even though he bona fide (mind in) believed and had reasonable ground for believing that she was
over eighteen.
Case Law(s):
1 CL_Prince

3).it would be no defence that the girl was of easy virues and it is not sufficient to exonerate the accused
Case Law(s):
1 CL_Rasool

ING: 3. taking or enticing must be out of the keeping of the lawful guardian of such minor or person of unsound mind

The meaning of "Entrustment"

The word "entrustment" means the giving, handing, over, or confiding of something by one person to another.
It involves the idea of active power and motive by the person reposting the confidence towards the person in whom the confidence is reposed.
It may be written/oral/epress/implied
It may also in the absence of express/written authoriy,be persumed from the conduct of a person alleged to be lawful guardian or of the person
taking upon himself the duties of care and custody of the minor.

The meaning of "lawful Entrustment"

The word "Lawful entrustment" means that the care and custody of a child has arised in some lawful manner.
The word "Lawful entrustment" does not mean that the care and custody of a child has fully handed over to another.

Legal Guardian
A Legal guardian/Natural guardian acts as the primary caretaker of child/minor.
They are biological parents of child or appointed by court when child's biological parents are missing or unable o provide the care.

Lawful Guardian
A guardian may be lawful without being legal
e.g. A father sending his daugher to school with his friend.
Here, the father is a legal guardian. The child is still said to be in the fathers' possession.
where the father's friend is considred as lawful guardian who has actual possession of the child temporally.

As per the above example,

Lawful guardian is one to whom the care and custody of a child is "lawfully entrusted"
The entrustment may be by a legal guardian who by so doing reposes his confidence in another (lawful guardian) about the care and custody of the
minor.
([Link] legal guardian delicate his legal duty to another person or employ a person with trust)

Minor under the control of lawful guardians

1."keeping" means within the protection or care of the guardian.
2.A minor is said to be in the keeping of a person where he depends upon him for his/her maintenance, support or sustenance.
[Link] is not necessary that the minor should be in the physical possession of the guardian.
[Link] would be sufficient if he is under continuous control which is for the first time terminated by the act of accused.
[Link] the minor boy goes out to the street/playground/market/fanefare by himself either with/without the knowledge of guardian, he is still said to
be in the legal keeping pf her parents.

Minor not in under the control of lawful guardians

A minor is no longer in the keeping or control of the lawful guardian if she was driven away from her parental roof or she voluntarily abandoned
the control of the guardian on account of ill-treatment
E.g. X meets a girl aged 15 years in a park. She tell him that her age is 19 years and that she is ill-treated in her house by her father and that she
would be happy to be taken away from home. Thereafter X takes the girl to his house and allows her to remain there. In the case X will not be liable
for kidnapping because there is no inducement or active solicitation on the part of the accused which can be said to be the cause of the girl coming
out of her father's house; instead she has voluntarily abandoned the control of the guardian on account of ill-treatment

Various case and consideration under this ingredient:

if a minor was driven away from her parental roof or she voluntarily abandoned the control of the guardian on account of ill-treatment with no
intention of returning back then it is considered as this minor has no longer in the keeping or control of the lawful guardian

1).If a minor abandon his guardian with no intention of returning back then it is considered as the minor has no guardian.
Case Law(s):
1 CL_IsrarHusain

2).If somebody takes or entices her it cannot be said that she was taken or enticed away out of the keeping of her lawful guardian.
Case Law(s):
1 CL_EwazAli

3).If there is no guardian then there is no kidnapping...

a).There can be no kidnapping of a minor who has no guardian:-
Example: A girl had run away from home in conseqences of ill-treatment and meeting 'A' on the road,had agreed to take service as a coolie and
went with him. In this case there was no kidnapping.
b).An orphan cannot be kidnapped because he had no guardian.:-
Example: Where 'B' an orphan minor boy is enticed away by 'A' to delhi to be given in adoption to 'C' his intenion is not one of those which makes
his act an offence,
Case Law(s):
1 CL_GunderSingh

4).The word "entrustment" means the giving, handing, over, or confiding of something by one person to another.
The word "Lawful entrustment" means that the care and custody of a child has arised in some lawful manner.
The word "Lawful entrustment" does not mean that the care and custody of a child has fully handed over to another.
Case Law(s):
1 CL_Nathusingh

5).A guardian may be lawful without being legal

e.g. A father sending his daugher to school with his [Link], the father is a legal guardian. The child is still said to be in the fathers'
[Link] the father's friend is considred as lawful guardian who has actual possession of the child temprorly.
Case Law(s):
1 CL_JagannadhaRao_Kamaraju

6).Father is considered as a lawful guardian where mother's consent is ignored because the girl was minor.
M, a girl of about 17 years of age, was in love with accused, a widower who wanted to marry her. M's mother was agreeable to the accused
proposal but his father didn’t. One day when the father gone out for four days the accused took 'M' with her mother consent and get married in
another place. In this case the accused would be liable for the offence of kidnapping from lawful guardianship. Although the girl’s father was away
on the tour, she would be said o be still under lawful guardianship of her father.
[Pro [Link] book of IPC, 20th edition, page no 711]

7).In this partculae scenario, As per the lawful entrustment, The father of a girl entrusted his gardianship and custody to her proposed husband.
Then He took her to his house with her father's consent where he is acting as a lawful guardian. But this aspect is not accepted by the law because
the girl was still minor. So the father is remain consider as a lawful guardian and the proposed husband who commited rape in transit is liable
under section 361 of IPC.
Case Law(s):
1 CL_BidyadharNaik_StateOfOrissa

ING: [Link] taking or enticing must also be without the consent of such a guardian.

Scenario related with taking away

1).The consent of the minor or a person of unsound mind is immaterial because they are in law incapable of assigning a valid consent.
Therefore, taking or enticing of the minor must be without consent of the guardian (would be guilty of an offence under this section)
Case Law(s):
1 Bhungee Ahur (1865) 2 W.R. (Cr) 5
2).Consent given by the guardian after the commission of the offence would not excuse the offence
Case Law(s):
1 Ganesh, (1909) 31 All. 448

3).Consent must be legally obtained consent. When a man by false and fraudulent representations induces the parents of a girl to allow him to take
her away he would be guilty of an offence under this section because it is no consent
Case Law(s):
1 Hopkins, (1842) Car & Mar 54

4).A believing in good faith the age of the girl to be over 18 years and took her away from the guardienship of her parents without their consent, It
was later discovered that the girl was below 18 years is kidnapped,it would be no defence that the accused didn't know the girl to be under the age
or it would be no defence that from her appearance he might have thought that she was of greater age.
Case Law(s):
1 CL_Robins

Scenario related with marriage proposal

5).Take away the minor girl to be married with consent of her guardian would not execuse the offence.
In this partculae scenario, As per the lawful entrustment, The father of a girl entrusted his gardianship and custody to her proposed husband. Then
He took her to his house with her father's consent where he is acting as a lawful guardian. But this aspect is not accepted by the law because the
girl was still minor. So the father is remain consider as a lawful guardian and the proposed husband who commited rape in transit is liable under
section 361 of IPC.
Case Law(s):
1 CL_BidyadharNaik_StateOfOrissa

Scenario related with marriage - general

6).Marriage of a minor girl without consent of her guardian would not excuse the offence.
M, a girl of about 17 years of age, was in love with accused, a widower who wanted to marry her. M's mother was agreeable to the accused
proposal but his father didnt. one day when the father gone out our for four days the accused took 'M' with her mother consent and get married in
another place. In this case the accused would be liable for the offence of kidnapping from lawful guardianship. Although the girls father was away
on the tour, she would be said to be still under lawful guardianship of her father.
Case Law(s):
1 [Pro [Link] book of IPC, 20th edition, page no 711]

7).Kidnapping the minor girl to be married with anoher one, and abetting the offence of kidnapping, also without consent of her guardian is
considered as substantive [Link] conviction in this case was one under Sections 109 and 363 of the Penal Code for abetting the offence of
kidnapping.
Case Law(s):
1 CL_PrankrishnaSurma

8).In a case, a girl 'G' betrothed with a male 'M' by her father. But later her father changed his mind and broke off the [Link] the girl taken
away by 'M' without consent of her father. 'M' was held guilty of kidnapping under this section.
Case Law(s):
1 CL_GooroodossRajbunsee

9).In another case, a girl 'Sarasamma' d/o 'Acharlu' was in under the temprory guardienship of a person 'Kamaraj' was taken away with his consent
by '4 brothers' and was married to '3rd brother' without the consent of her father. The prosecution to take steps against Kamaraju as an abettor.
and the 4 brothers were held the guilty of kidnapping
Case Law(s):
1 [CL_JagannadhaRao_Kamaraju]

Scenario related with marriage - Hindu law

10).In hindu law, the father is an ultimate guardian for the legitimate child. The mother's custody of the child is considered to be the custody of
father.
So mother should fully consistent with father's right as guardian when she removes a girl from one place to another and it should not be as a taking
out of his keeping
If a mother removes a girl from father's house for the express purpose of marrying her without his consent she would be guilty under this section.
Case Law(s):
1 [CL_PrankrishnaSurma]

11).For illegitimate child, The mother is a proper and natural guardian during the period of nature.
if she is in death bed then she entrust the care of the child to another person who accept the trust and maintains the child.
Here the person would be lawful guardian of the child because the care and custody of the child was lawfully entrusted to him.
Case Law(s):
1 [CL_Pemande]

12).When a minor girl was in the custody of her mother who got divorced from her husband, if the father forcebily removed his daughter from
school then he was held guilty of kidnapping under this section.
Case Law(s):
1 [CL_RamjiVithal (1957) 60 Bom LR 329]

13).If she is a legitimate minor married girl and not attent the puberty then her father is a lawful guardian.
If she is a illegitimate minor married girl and not attent the puberty then her mother is a lawful guardian.
If she is a minor married girl, attent the puberty and her hunsband is not minor then her husband is a lawful guardian where the father takes away
this girl from her husband without his consent then the father would be guilty of kidnapping from lawful guardianship even though the father may
not have any criminal intention further.
Case Law(s):
1 [Dhuronihdur Ghose, (1889) 17 Cal 298[

Scenario related with marrage - Mohammedian law

14).In Sunni view, If a boy under seven years or a girl not attent the puberty or a child is illegimate then the mother is a the lawful guardian of
them.
If father take away them from custody of their mother then he would be guilty under this section
Case Law(s):
1 [Nur Kadir V. Zuleikha bibi, (1885) 11 cal 649)

15).In Shia view, If boy or girl under the seven years or child is illegimate then the mother is a the lawful guardian of them.
If father take away them from custody of their mother then he would be guilty under this section
Case Law(s):
1 TODO

16).In Mohammedian law, Even a divorced wife is entitled to the custody of her children.
Case Law(s):
1 [Ayshabai (1904) 6 Bom LR 536]

More Scenario related with marriage - general

17).In a case, a girl on his own accord went to 'A's house and persuated him to execute a marrage agreement then returned to father's house and
told the same to [Link] father got angry and locked her in a room. After few days she opend the lock and went again to the 'A's house. It was held
that 'A' was not guilty of kidnapping under this section.
Case Law(s):
1 [1971 Cri Lj 6]

18).If a minor is taken with the consent of the guardian and subsequently married improperly without the consent of the guardian to any person,
such improper marrage itself constitue the affence of kidnapping
Case Law(s):
1 [Jaladu, (1911) 36 Mad 453]

19).Where 'G' a girl, a minor, a student went out from bombay to lucknow for service camp for 60 days.
On the way to lucknow she fell in love with a male 'M', a businessman who met her further many times and also presented gifts to her.
On the completion of the camp, 'M' took 'G' to kanpur, his hometwon where they got married.
In this case, 'M' would not be liable for kidnapping because her age was 18 at the time of marrage.

SECTION-362: Abduction
TODO

S# Kidnapping Abduction
1 Age <=16 Male Irrespective of age
 Age <=18 Female
<Haryana v Raja Ram> < Bahadur Ali v King Emperor>

2 Involves with lawful guardian Lawful guardianship does not come into the picture.

3 Taking away by simply Taking away by force/compel/deceitful.

4 A female under 18 years can be kidnapped as well as A female above 18 years only can be abducted
abducted by
force/compel/deceitful/intimidate/induce/seduce

5 The consent of the victim is immaterial Consent is in picture

6 The intention of the accused is immaterial Intention is an important factor

7 Kidnapping is not a continuing offence Abduction is a continuing process

8 Punishable offence Not a punishable offence

SECTION-363: Punishment for Kidnapping

Definition:
"Whoever kidnaps any person from India 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 o fine."
TOI YOI FINE Cog Bail Triable By
D/N 7 YES YES YES Magistrate First Class

Case Law(s):
1 Shashidhar Purandhar Hegde v. State Of Karnataka (2004)

SECTION-363(A): Kidnapping Or Maiming Minor For Purpose Of Begging

Definition: (4 clauses)

(1).Minor, No lawful guardian, Used for employed or purpose of begging

Whoever kidnaps any minor, or not being the lawful guardian of a minor, obtain the custody of the minor, in order that such minor may be
employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten
years, and shall also liable to fine.
TOI YOI FINE Cog Bail Triable By
D/N 10 YES YES NO Magistrate First Class

(2).Minor, Maimed, Used for employed or purpose of begging

Whoever maims any minor in order that such minor may be employed or used for the purpose of begging, shall be punishable with imprisonment
for life, and shall also liable to fine.
TOI YOI FINE Cog Bail Triable By
D/N LIFE YES YES NO Court of Session

(3).Minor, No lawful guardian, Used for employed or purpose of begging (Strong)

Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purpose of begging, it shall be presumed, unless
the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might me employed or used for
the purposes of begging.

(4).Meaning of begging and Meaning of Minor

In this section-

(a) "Begging means"

(i). Soliciting or receving alms in a public place, whether under the pretence of singing, dancing, fortunr-telling, performing tricks or selling articles
or otherwise;
(ii).entering on any private premises for the peupose of soliciting or receiving alms;
(iii).exposing or exhibiting with the object of obtaining or exoring alms, any sure, wound, injury, deformity or disease, whether of himself or of any
other person or of an animal;
(iv). Using a minor as an exhibi for the purpose of soliciting or receibibg alms;

(a) "Minor means"

(i).In the case of male, a person under sixteen years of age; and
(ii). In the case of female, a person under eighteen years of age.

Comment:
This section was added by amendment of code in year 1959.
Its main object is "To put down effectively the evil of kidnapping of children for exploiting them for begging"

SECTION-364: Kidnapping Or Abducting In order to Murder

Definition (common for all - not only for minor)

Kidnapping or abducting in order o murder- Whoever kidnaps or abducts any person in order that such person may be murdered or may be so
disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may
extend o ten years, and shall also be liable to fine.
TOI YOI FINE Cog Bail Triable By
RI LIFE YES YES NO Court of Session

Illustrations
Kidnap for scarification to an idol:
(a). A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this
section.
Kidnap for other purpose:
(b). A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section

Case Law(s):
1 IPC_CL_364_JhapsaKabari_StateOfBihar_2002 Murder for revenge/two murdered on spot/one child, took away from
mother's lap/child dead body found in paddy field on next day

2 IPC_CL_364_Badshah_StateOfUP_2008 Sleeping in paddy field/one kidnapped/gun fire for put-off

others/murdered but no dead body/missing 27 years

3 IPC_CL_364_SubhashKrishnan_StateOfGoa_2012

4 IPC_CL_364_SuchaSingh_StateOfPunjab_2001

5 IPC_CL_364_GurnamSingh_StateOfPunjab_1998 Due to insufficient evidence he is not convicted with 364.

But he convicted with 302 red with sec 34 of IPC.

SECTION-364(A): Kidnapping For Ransom, Etc…

Definition:
A kidnapping for ransom, etc…-- Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and
threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or
hurt, or cause hurt or death to such person in order to compel the Govt or any foreign state or international inter-governmental organization or
any other person to do or abstain from doing any act or o pay a ransom, shall be punishable with death or imprisonment for life, and shall be liable
o fine.
TOI YOI FINE Cog Bail Triable By
D/N D/L YES YES NO Court of Session

Case Law(s):
1 VikramSinghAnr_UnionOfIndia_2015
2 Malleshi_StateOfKarnataka_2004
3 LiaquatAliKhan_StateOfAP_2009

SECTION-365: Kidnapping Or Abducting With Intent Secretly And Wrongfully To Confine Person
Definition
Kidnapping or abducting with intent secretly and wrongfully to confine person.--Whoever kidnaps or abducts any person with intent to cause that
person to be secretly and wrongfully 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
TOI YOI FINE Cog Bail Triable By
D/N 7 YES YES YES Magistrate First Class

Case Laws:
1 IPC_CL_365_KaramSingh_Charan Singh_2016
2 IPC_CL_365_TarunBora_StateOfAssam_2002

SECTION-366: Kidnapping, Abducting Or Inducing Woman To Compel Her Marriage, Etc

1).Definition
Kidnapping, abducting or inducing woman to compel her marriage, etc.--Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced
to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine;And whoever, by means of criminal intimidation as defined in
this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or
knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid
TOI YOI FINE Cog Bail Triable By
D/N 10 YES YES NO Court of Session

2).Ingredients:
This section consists of the following;

*[Link] or abduction to any women

*[Link] kidnapping or abducting must be;

(i).with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person against her will (or)
[To compel to marry against her will]

(ii).in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illegal intercourse,
or
[To force/seduce a female for illicit intercourse]

(iii).by means of criminal intimidation or otherwise by enticing any women to any place with intent that she may be or knowing that she will be
forced or seduced to illicit intercourse
[To force/seduce a female for illicit intercourse by Intimidate or by entices in any place]

*[Link] is immaterial whether the woman kidnapped is married or not.

3).Ingredient-1: kidnapping or abduction to any women

Who will be kidnapped and abducted?

A female under 18 years can be kidnapped as well as abducted by force/compel/deceitful/intimidate/induce/seduce
[வற்புறுத்தல்/கட்டாயப்படுத்துதல்/வஞ்சகப்படுத்துதல்/மிரட்டுதல்/தூண்டுதல்/மயக்குதல்]

Who will be abducted only?

A female above 18 years only can be abducted.

Case Law(s) for Proof of kidnapping

1 IPC_CL_366_PrafullaKumarBose_1929
2 IPC_CL_366_Rajesh_StateOfMaharashtra_1998

Case Law(s) for Proof of Abduction

1 Kuldeep K. Mahto v. State of Bihar
2 Shyam & another v. State of Maharashtra
3 State of Karnataka v. Sureshbabu
4 Mahabir v. State
4).Ingredient-2(i).Intent/likely to compel her to marry any person against her will.

a).If the intent of the accused necessary to constitute the offence is established the offence is complete whether or not the accused succeeded in
effecting his purpose and whether or not in the event the woman consented to the marriage or illicit intercourse.
(I.e. If the intent of the accused is to constitute the offence is nothing but establish the offence and complete the offence)
Case Law:
1 IPC_CL_366_KhalilurRahman_KingEmperor_1933

b).The expression 'against her will' means that the act was done not only without consent of the woman but inspite of her opposition to the doing
of it.
Case Laws:
1 IPC_CL_366_MoniramHazarika_StateOfAssam_2004
2 IPC_CL_366_SantRam_TheCrown_1929

c).Marriage under this section only means going through a form of marrage whether it is valid or not.
In this case, she got married, then widow, then married another one, then abducted by another one to be married again.
Case Law:
1 IPC_CL_366_TaherKhan_1917

5).Ingredient-2(ii).Intent/likely to force/seduce her to illicit intercourse

Case Law(s):
1 IPC_CL_366_Ramesh_TheStateOfMaharashtra_1962
2 IPC_CL_366_Jasauli_Emperor_1912

6). Ingredient-2(iii).Intimidate/entice any woman to go from any place with intent/likely to force/seduce her to illicit intercourse
Case Law(s):
1 IPC_CL_366_GopichandFattumal_AIR_1961
2 IPC_CL_366_BhajanDas_AIR_1924  No offence Made
3 IPC_CL_366_Rajendra_StateOfMaharashtra_2002  Set a side

7). [Link] is immaterial whether the woman kidnapped is married or not.

The same as Ingrident-1

SECTION-366(A): Procreation Of Minor Girl

SECTION-366(B): Importation of Girl from Foreign Country

Definition:
Whoever imports into India from any country outside India or form the State of Jammu and Kashmir, any girl under the age of twenty one years
with intent that she may be, Or knowing it to be likely that she will be , forced or seduced to illicit intercourse with another person, shall be
punishable with imprisonment which may extend to ten years and shall also be liable to fine
CLASSIFICATION OF OFFENCE
RI YOI FINE Cognizable Bail Triable By Compoundable

No 10 YES YES NO Session court No

Comment: TODO

SECTION-367: Kidnapping Or Abducting In Order To Subject Person To Grievous Hurt Slavery, Etc
Definition:
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed or as to be put in danger of being
subject to grievous hurt, or slavery, or to the unnatural lust of , shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
RI YOI FINE Cognizable Bail Triable By Compoundable

No 10 YES YES NO Session court No

SECTION-368: Wrongfully Concealing Or Keeping In Confinement Kidnapped Or Abducted Person
Definition:
Whoever, knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person, shall be punished in
the same manner as if he had kidnapped or abducted such with the same intention or knowledge, or for the same purpose as that with or for which
he conceals or detains such person in confinement,
CLASSIFICATION OF OFFEN
RI YOI FINE Cognizable Bail Triable By Compoundable

No 7 YES YES NO Magistrate First Class No

Under this section, those who assist the kidnapper are punished. The subsequent abetment is punished as a substantive offence. A kidnapper
cannot be punished under this section.

Case Law:
1 Bannu Mal (1926) 2 Luck 249

SECTION-369: Kidnapping Or Abducting Child Under Ten Years With Intent To Steal From Its Person
Definition:
Whoever kidnaps or abducts any child under the age or ten years with the intention of taking dishonestly any moveable property from th4e 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.
CLASSIFICATION OF OFFENCE:
RI YOI FINE Cognizable Bail Triable By Compoundable

No 7 YES YES NO Magistrate of the first class No

Sec Offence RI NI Fine Coz Bail Triable

Kidnapping and Abduction
363 Kidnapping No 7 Yes Yes Yes MFC
363(A) Minor, No lawful guardian, Used for employed or purpose of begging No 10 Yes Yes No MFC
363(A) Minor, Maimed, Used for employed or purpose of begging No L Yes Yes No SessC
364 Kidnapping Or Abducting In order to Murder Yes L Yes Yes No SessC
364(A) Kidnapping For Ransom, Etc No D/ Yes Yes No SessC
L
365 Kidnapping/Abducting With Intent Secretly And Wrongfully To Confine Person No 7 Yes Yes Yes MFC
366 Kidnapping, Abducting Or Inducing Woman To Compel Her Marriage, Etc No 10 Yes Yes No SessC
366(A) Procreation Of Minor Girl No 10 Yes Yes No SessC
366(B) Importation of Girl from Foreign Country No 10 Yes Yes No SessC
367 Kidnapping/Abducting In Order To Subject Person To Grievous Hurt Slavery, Etc No 10 Yes Yes No SessC
368 Wrongfully Concealing/Keeping In Confinement Kidnapped/Abducted Person No 7 Yes Yes No SessC
369 Kidnapping Or Abducting Child <10 With Intent To Steal From Its Person No 7 Yes Yes No MFC

Robbery and Dacoity

Definition:-Section 390. Robbery In all robbery there is either theft or extortion. When theft is robbery-
Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carving away or attempting to carry away property
obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear
of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery- Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in
fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to
some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation- The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant
wrongful restraint.
Illustrations
(a) A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed theft, and in order to
the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high roads, shows a pistol, and demands Z's purse. Z in consequence, surrenders his purse. Here A has extorted the purse
from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.

(c) A meets Z and Z's child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in
consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A
has therefore committed robbery on Z.
 (d) A obtains property from Z by saying- "Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees".
This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.
Dacoity (Sec.391) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly
committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person
so committing, attempting or aiding, is said to commit "dacoity".
Punishment for robbery (Sec.392) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, theimprisonment may be
extended to fourteen years.
Attempt to commit robbery (Sec.393)Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
Voluntarily causing hurt in committing robbery (Sec.394)If any person, in committing or in attempting to commit robbery, voluntarily causes hurt,
such person, and any other person jointly concerned in committing or attempting, to commit such robbery, shall be punished with imprisonment
for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment for dacoity (Sec.395) Whoever commits dacoity shall be punished with 152[imprisonment for life], or with rigorous imprisonment for
a term which may extend to ten years, and shall also be liable to fine.
Dacoity with murder (Sec.396) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing
dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend
to ten years, and shall also be liable to fine.
Robbery, or dacoity, with attempt to cause death or grievous hurt (Sec.397) If, at the time of committing robbery or dacoity, the offender uses
any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with
which such offender shall be punished shall not be less than seven years.
Attempt to commit robbery or dacoity when armed with deadly weapon (Sec.398) If, at the time of attempting to commit robbery or dacoity, the
offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.
Making preparation to commit dacoity (Sec.399) Whoever makes, any preparation for committing dacoity, shall be punished with rigorous
imprison- ment for a term which may extend to ten years, and shall also be liable to fine.
Punishment for belonging to gang of dacoits (Sec.400) Whoever, at any time after the passing of' this Act, shall belong, to a gang of persons
associated for the purpose of habitually committing dacoity, shall be punished with 152[imprisonment for life], or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
Punishment for belonging to gang of thieves (Sec.401) Whoever, at any time after the passing of this Act, shall belong to any wandering or other
gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of 'thugs or dacoits, shall be punished
with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Assembling for purpose of committing dacoity (Sec.402) Whoever, at any time after the passing of this Act, shall be one of five or more persons
assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and
shall also be liable to fine.
Case Law.
Padmanava mahapatra 1983Crlj NOC238 (Ori)
In order to make an offence of theft a robbery there must be either theft and injury or threat of injury while committing theft.
Conclusion:-When five or more persons jointly attempt to commit robbery and they jointly helping each other while committing the offence is
considered as dacoity.

Cheating

Definition :- Section 415. Cheating Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any
property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do
anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that
person in body, mind, reputation or property, is said to "cheat".
Explanation- A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for
which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated
manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing. that the article corresponds with the sample, and
thereby, dishonestly induces Z to buy and pay for the article. A cheats.

Cheating by personation (Sec.416)A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly
substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.
Explanation- The offence is committed whether the individual personated is a real or imaginary person.
Illustration
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
Punishment for cheating (Sec.417) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.