Kidnapping (Contd.)

Punishment for kidnapping S. 363

•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 to fine 

• S. 363A: Kidnapping or maiming a minor for purposes of begging 

–Kidnap : Ten years imprisonment 

–Maim: Imprisonment for life 

• S. 364: Kidnapping or abducting in order to murder 

–Imprisonment for life or up to ten years and fine 

• S. 364A: Kidnapping for ransom, etc 

–Death or imprisonment for life and fine 

• S. 366: Kidnapping, abducting or inducing woman to compel her marriage, etc. 

–Ten years imprisonment and fine 

•Ingredients 

–Kidnapping or Abducting any woman 

–Such kidnapping/abducting must be 

With intent that she may be compelled to marry any person against her will or 

In order that she may be forced to have illicit intercourse 

• ‘Kidnaps or abducts any woman’ 

–Both the offences are covered 

–Above 18, then abduction 

–Below 18, Kidnapping as well as abduction 

–The ingredients of those sections must be proved first 

 

•‘With an intent that she may be compelled to marry or have illicit intercourse’ 

–Offence is complete the moment intent is established 

–Immaterial whether the accused succeeded or not 

• Pyare Lal v. State of UP, AIR 1987 SC 852

–Accused handed over the girl to another for the purpose of marriage

–That person raped and murdered her

–Those persons were acquitted for lack of evidence

–However accused was convicted under s. 366

• Satish Kumar v. State of Rajasthan, 2001 Cr LJ 4860 (Raj.)

–Victim and accused knew each other- She was sitting in the van behind the accused while being taken away – no resistance – does it amount to consent? 

•Tribal custom of forced marriage 

–Accused and prosecutrix belonged to Bheel (Bhil) community 

–Custom that girl Is purchased from her father 

–Accused bought her from her father but father later refused to permit accused to take her 

–Accused took her forcefully 

–Can the accused be held not guilty because of the custom? 

• S. 365. 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