Central University of South Bihar

School of Law and Governance

Law of Crimes – I (IPC)

Project Work on the Topic – Kidnapping & Abduction.

Under the supervision of – Dr. P.K. Mishra

Central University of South Bihar,Gaya

Submitted by :-
Kumar Pritam
B.A LL.B (2018-2023)
E. No. – CUSB1813125048
School of Law and Governance

1 | Page
 CHAPTERIZATION

❖ INTRODUCTION

❖ HISTORICAL BACKGROUND

❖ LEGAL PROVISION OF KIDNAPPING AND ABDUCTION

➢ Section 359: Kidnapping.
➢ Section 36O: Kidnapping in India.
➢ Section 361: Kidnapping from lawful guardianship.
➢ Section 362: Abduction.
➢ Section 363: Punishment for Kidnapping.
➢ Section 363A: Kidnapping or maiming a minor for purposes of begging.
➢ Section 364: Kidnapping or abducting in order to murder.
➢ Section 364A: Kidnapping for ransom, etc.
➢ Section 365: Kidnapping or abducting with intent secretly and wrongfully to confine person.
➢ Section 366: Kidnapping, abducting or inducing woman to compel her marriage, etc.
➢ Section 366A: Procuration of minor girl.
➢ Section 366B: Importance of girl from foreign country.
➢ Section 367: Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
❖ KIDNAPPING AND ABDUCTION
➢ Kidnapping and abduction in India.
➢ Kidnapping and abduction in worldwide.
➢ Causes of kidnapping and abduction.
➢ Consequences of kidnapping and abduction.
➢ Solutions of kidnapping and abduction.

❖ JUDICIAL DECISIONS

❖ DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION

❖ CONCLUSION
❖ BIBLIOGRAPHY

2 | Page
 KIDNAPPING & ABDUCTION

1. Introduction
About 11 children are kidnapped in India every hour of the day of which half of them are never
found. Child trafficking is the third largest profitable industry of the world and India seems to
be in the thick of it. India is not only the source, but a destination and transit point for this
heinous crime.
Sections 359 to 369 of the Code have made kidnapping and abduction punishable with varying
degree of severity according to the nature and gravity of the offence. The underlying object of
enacting these provisions is to secure the personal liberty of citizens, to give legal protection to
children of tender age from being abducted or seduced for improper purposes and to preserve
the rights of parents and guardians over their wards for custody or upbringing.
The word ‘Kidnapping’ has been derived from the word ‘kid’ meaning ‘child’ and ‘napping’, to
‘steal’. Thus, kidnapping literally means child stealing. And the word kidnapper originally
meant to signify one who stole children and others to provide servants and labourers for the
American plantations.1 As stated by Sir Hari Singh Gour:
At common law the term kidnapping consists of stealing and carrying away, or secreting
any person, whether in the same country, or by sending him away from his own country
into some other, or to parts beyond the seas whereby he is deprived of the friendly
assistance of laws to redeem from such capacity.2

The offence of kidnapping is an aggravated form of wrongful confinement and is, therefore, an
offence in which all the elements of that offence are necessarily present. It is, however,
confinement of such a serious from that the Code treats it as a distinct offence. But kidnapping
does not include the offence of wrongful confinement or keeping in confinement of a kidnapped
person.3

2. Historical Background
Kidnapping laws in India have been derived from common law principles of kidnapping
developed by courts in England. The early common law defined the offense of kidnapping as
the forcible abduction or stealing of a man, woman, or child from his or her own country and

1
Law Commission of India, 42nd Report on Indian Penal Code, 1971, p. 266.
2
The Penal Law in India; 10th Edn., 3rd vol. (2000) 3428.
3
Adhik Gope v. Emperor, AIR 1947 Pat 17.
3 | Page
sending him or her into another country. In the late nineteenth and early twentieth centuries,
states began to redefine kidnapping, most notably eliminating the requirement of interstate
transport. Gradually, the involuntary detention of the victim became an important factor of
kidnapping. The kidnapping statutes aim at securing the personal liberty of citizens and
assistance of law necessary to release them from unlawful restraint.

Generally, kidnapping occurs when a person, without lawful authority, physically transports or
moves another person without that other person’s consent, with the intent to use the abduction
in connection with some other nefarious objective.

The incidents of kidnapping and abduction are found to be continuously increasing during last
five years (from 2011 to 2015). In recent years, the share of cases reported under kidnapping
and abduction with respect to total IPC crimes has continuously increased. The share of cases of
kidnapping & abduction was 1.9% of total IPC crimes in 2011, which increased to 2.0% in
2012, which further increased to 2.5% in 2013, 2.7% in 2014 and 2.8% in 2015.

3. Legal Provisions of Kidnapping and Abduction

Under Section 359 of Indian Penal Code, 1860

Kidnapping. - Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful
guardianship.

Essentials: under this section kidnapping is classified under two categories, viz.,

(i) Kidnapping from India, and

(ii) Kidnapping from lawful guardianship.
Kidnapping under the Code is not confined to child-stealing. It has been given a wider
connotation as meaning carrying away of a human being against his or her consent, or the
consent of some person legally authorised to accord consent on behalf of such person. 4 (If a
male of 16 and if female of 18 years or an insane.)

Under Section 360 of Indian Penal Code, 1860

Kidnapping from India. – Whoever conveys any person beyond the limits of [India] without
the consent of that person, or of some person legally authorised to consent on behalf of that
person, is said to kidnap that person from India.

4
Kenny’s Outlines of Criminal Law, 119th Edn., (1966), p. 204; section 361, IPC.
4 | Page
Essentials: For an offence under this section the victim may be a male or a female, whether
major or a minor. This offence consists of the following ingredients: -

(i) Conveying of any person beyond the limits of India.

(ii) Such conveying must be without the consent of that person.
The offence under this section may be committed in respect of any person, male or female,
major or minor and irrespective of his nationality.

The word ‘convey’ literally means simply going together on a journey but in popular parlance,
it now means carrying a person to his destination. Thus, the offence would not be complete until
the person actually reaches not only a foreign territory but to his destination as well.

Mere conveying of a person from one place to another is not criminal. That act becomes
criminal if he is conveyed without his consent. It is that which gives to the act its essential
element of criminality. A person may be so conveyed as much by using force as by inducing
him to give his consent by fraud and deception. Similarly, a consent loses its essential elements
if it is given under fear or duress, in which case it is submission and not consent.

Under Section 361 of Indian Penal Code, 1860

Kidnapping from lawful guardianship. – Whoever takes or entices any minor under sixteen
years of 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
guardianship.

Explanation. – The words “lawful guardian” in this section include any person lawfully
entrusted with the care or custody of such minor or other person.

Exception. – This section does not extend to the act of any person who is 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.

Essentials: This section under IPC makes kidnapping from lawful guardianship of a minor
under 16 years of age, if a male, and 18 years if a female, an offence. The section also protects
the person of unsound mind from being kidnapped from the lawful curator. The section is
designed to protect minors and persons of unsound mind from exploitation and to protect the
right and privileges of parents and guardians having the lawful charge or custody of their wards.

5 | Page
Thus, the consent of the parent or guardian would alone take the case out of the purview of the
section.

Ingredients. – To constitutive an offence under this section, the following conditions must exist
viz., -

1. There must be taking or enticing of a minor, or a person of unsound mind;

2. Such minor must be under 16 years of age, if a male, or under 18 years of age, if a
female;
3. Taking or enticing must be out of the keeping of the lawful guardian of such minor or
person of unsound mind; and
4. Taking or enticing must be without the consent of such guardian.
Under Section 362 of Indian Penal Code, 1860

Abduction. – Whoever by force compels, or by any deceitful means includes, any person to go
from any person to go from any place, is said to abduct that person.

Essentials: Abduction in common language means the carrying away of a person by fraud or
force.5 According to this section, abduction takes place when a person by force compels, or by
any deceitful means induces another person, to go from any place. Abduction pure and simple is
not an offence. It is an auxiliary act not punishable in itself, but when it is accompanied by a
certain intention to commit another offence, it per se becomes punishable as on offence. For
instance.

1. If the intention is that the person abducted may be murdered or so disposed of as to be

put in danger of being murdered, section 364, IPC applies;
2. If the intention is to cause secretly or wrongfully a person, section 365, IPC applies;
3. If the abducted person is a woman and the intention is that she may be compelled, or is
likely to be compelled, to marry any person against her will, or may be forced or
seduced to illicit intercourse, or is likely to be so forced or seduced, section 366, IPC
applies;
4. If the intention is to cause grievous hurt, or to dispose of the person abducted as to put in
danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any
person, section 367, IPC applies;

5
Chamber Twentieth Century Dictionary, (Edn., Willian Geddie, 1966), p. 2. Vishwanath v. State of Uttar
Pradesh, AIR 1960 SC 67.
6 | Page
 5. If the abducted person is a child under the age of ten years and the intention is to take
dishonestly any movable property from its person, section 369, IPC applies.
When no force or deceit is practised on the person abducted, there can be no offence of
abduction. For instance, if a minor girl voluntarily goes out of her guardian’s protection and
meets a person, who treats her well with no compulsion or fraud, such person will not be guilty
of abduction.6 Nor can any offence be committed when the woman is a willing party. 7 The
‘force’ used therein connotes the actual force and not merely a show or threat of force. It would
be an offence to carry away a grown-up woman by force against her own will even with the
object of restoring her to her husband.8

The expression deceitful, is wide enough to include inducing a girl to leave her guardian’s
house on a pretext. It also implies the use of misrepresentation and fraud by act or conduct.

Under Section 363 of Indian Penal Code, 1860

Punishment for kidnapping. – 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.

Essentials: This section provides punishment for the offence of kidnapping from India and from
lawful guardianship as defined in Section 360 and 361, IPC respectively. Punishment includes
imprisonment up to seven years either rigorous or simple and fine. The offence is cognizable,
bailable, non-compoundable and triable by a Magistrate of first class.

Under Section 363A of Indian Penal Code, 1860

Kidnapping or maiming a minor for purposes of begging. –

(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the
custody of the minor or, 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 be liable to fine.
(2) 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 be
liable to fine.

6
Arusami Goundan (in re), AIR 1959 Mad 274.
7
State Government, Madhya Pradesh v. Sheodayal Gurudayal, AIR 1956 Nag 8.
8
Allu v. Emperor, AIR 1925 Lah 512.
7 | Page
 (3) Where any person, not being the lawful guardian of a minor, employs or use such minor
for the purposes 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
be employed or used for the purposes of begging.
(4) In this section, -
(a) ‘begging’ means-
(i) Soliciting or receiving alms in a public place, whether under the pretence of
singing, dancing, fortune-telling, performing tricks or selling articles or
otherwise;
(ii) Entering on any private premises for the purpose of soliciting or receiving
alms;
(iii) Exposing or exhibiting, with the object of obtaining or extorting alms, any
sore, would, injury, deformity or disease, whether of himself or of any other
person or of an animal;
(iv) Using a minor as an exhibit for the purpose of soliciting or receiving alms;
(b) ‘minor’ means-
(i) In the case of a male, a person under sixteen years of age; and
(ii) In the case of a female, a person under eighteen years of age.
Essentials: This section was inserted by the IPC (Amendment) Act, 1959, section 2 and came
into force with effect from 15th January, 1960. The section aims at punishing unscrupulous
persons who have been known to organise begging as an industry and fatten on the ill-gotten
gains obtained from the practice of begging. It is a social evil and the present section is intended
to punish the miscreants who engage and exploit children for the purposes of begging.

The section makes kidnapping or obtaining custody of a minor, and the maiming of a minor for
employing him for begging, a specific offence and provides for a severe punishment of 10 years
either rigorous or simple or life term with fine.

Ingredients:

1. The person kidnapped is a minor;

2. The kidnapper is not the lawful guardian;
3. Such kidnapper obtains the custody of the minor;
4. Such kidnapper person is employed or used for purpose of begging;
5. The kidnapper has maimed the minor kidnapped.

8 | Page
Maiming is a serious offence. It is a synonym for mayhem, which means cutting-off or
disabling, or weakening a man’s hand, or finger, or striking out his eyes, or fore tooth, or
depriving him of those parts, the loss of which cripples the man.

Under Section 364 of Indian Penal Code, 1860

Kidnapping or abducting in order to 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 a term which may extend to ten years,
and shall also be liable to fine.

Essentials: Section 364 to 368, IPC provide for enhanced punishment in the case of aggravated
forms of kidnapping or abduction. These are listed below:

1. Kidnapping or abduction in order to murder (Section 364, IPC);

2. Kidnapping or abduction with intent secretly or wrongfully to confine a person (Section
365, IPC);
3. Kidnapping or abduction and inducing a woman to compel her marriage etc. (Section
366, IPC);
4. Kidnapping or abduction in order to subject persons to grievous hurt, slavery etc.
(Section 367, IPC);
5. Wrongfully concealing or keeping in confinement kidnapped or abducted persons
(Section 368, IPC);
6. Kidnapping or abduction a child under 10 years of age with intent to steal from its
person (Section 369, IPC);
This Section punishes two kinds of kidnapping and abduction which expose the kidnapped or
abducted person to the danger of losing his life viz. –

1. Kidnapping or abducting any person in order that such person may be murdered; and
2. Kidnapping or abducting any person in order that such person may be so disposed of as
to be put in danger of being murdered.
The section provides for the punishment of a specific offence, namely, kidnapping or abduction
with the object of murder and it is intended as an indirect method of punishing persons who are
suspected but not proved to have committed murder. Punishment may extend to imprisonment
for life or rigorous imprisonment for 10 years and fine.

Under Section 364A of Indian Penal Code, 1860

9 | Page
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 causes hurt or death to such person in order to compel the Government or any
foreign State or international inter-governmental organisation or any other person to do or
abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment
for life, and shall also be liable to fine.

Essentials: To tackle heinous crimes effectively, Parliament in 1993 inserted section 364A
entitled: ‘Kidnapping for Ransom etc,’ in the Indian Penal Code vide Criminal Law
(Amendment) Act, 1993.9 Again in 1995 to fight terrorism on global basis, section 364A was
amended vide Criminal Law (Amendment) Act, 1995, which substituted “any Foreign State or
international inter-governmental organisation or any other person” in place of “any other
person”. The amendment was done to widen the scope of section 364A, IPC to include Foreign
States and International Organization as well. This will help in tackling the problem of
international terrorism more effectively and efficiently.

Ingredients. – The offence has the following ingredients:

1. Kidnapping or abducting a person; or

2. Keeping such person in detention after kidnapping or abduction;
3. (a) Threatening to cause death or hurt to that person, or
(c) Give rise to a reasonable apprehension that such person may be put to death or hurt
or causes hurt or death to such person;
4. Compel (a) The Government; or (b) Any foreign state; or (c) International, inter-
government organisation; or (d) Any other persons to do or to abstain from doing any
act or pay any ransom.
In view of the gravity and serious nature of such offences this section has provided for extreme
penalty of death or life imprisonment with fine in case of kidnapping for ransom etc. The
offence under the section is cognizable, non-bailable and triable by Court of Sessions.

Under Section 365 of Indian Penal Code, 1860.

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

9
Inserted in the IPC vide Criminal Law (Amendment) Act of 1995.
10 | Page
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.

Essentials: This section punishes kidnapping or abduction with intent to secretly and
wrongfully confine a person. The gravity of the offence under this section rests in the intention
to keep the person in wrongful confinement and secretly. An offence under this section may
pertain to a child who cannot walk.10 It may also encompass a woman forcibly dragged out of
her house and kept locked up in a room in the house of the accused.11 Punishment may extend
to 7 years and fine.

Under Section 366 of Indian Penal Code, 1860.

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 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 be punishable as aforesaid.

Essentials: This section makes kidnapping and abduction of a woman with the intention of
forcibly marrying or having sexual intercourse with her a cognizable offence. The question
whether a whether a woman was kidnapped or not depends upon her age and the presence of
other circumstances.

Ingredients: -

1. Kidnapping or abducting any woman;

2. Such kidnapping or abducting must be:

10
Mahendra Nath, (1935) ILR 62 Cal 629.
11
Roshan v. State, 1954 Cr. LJ 46.
11 | Page
 (i) With intent that the woman may be compelled or knowing it to be likely that she
will be compelled to marry any person against her will; or
(ii) In order that she may be forced or seduced to illicit intercourse, or knowing it to
be likely that she may be forced or seduced to illicit intercourse; or
(iii) By criminal intimidation, or abuse of authority, or by compulsion inducing any
woman to go from any place, with the intent that she may be or with knowledge
that it is likely that she will be forced or seduced to illicit intercourse with some
person.
If a girl is 18 or over, she can only be abducted and not kidnapped but if she is under 18, she
can be kidnapped as well as abducted if the taking is by force or the taking or enticing is by
deceitful means.

Under Section 366A of Indian Penal Code, 1860.

Procuration of minor girl. – whoever, by any means whatsoever, induces any minor girl under
the age of eighteen years to go from any place or to do any act with intent that such girl may be,
or knowing that it is 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.

Essentials: Section 366A and 366B were inserted in the Code by the IPC (Amendment) Act, 20
of 1923, section 3, to give effect to certain articles of the International Convention for
Suppression of Traffic in woman and children.

The expression ‘illicit intercourse’ in this section means sexual intercourse between a man and a
woman who are not husband and wife. It is immaterial whether either is married, or not, or
whether the accused knew the girl was married or not.12

Ingredients:

1. The accused must have induced a girl;

2. The said girl must be below 18 years of age;
3. The said girl was induced to go from a place, or to do any act, with intent or knowledge
that such girl would be forced, or seduced to illicit intercourse with a person.
The offence is cognizable, non-bailable, non-compoundable and triable by the Court of
Sessions. Punishment includes imprisonment upto 10 years and fine.

12
Kesar Mal v. Emperor, AIR 1932 Lah 555.
12 | Page
Under Section 366B of Indian Penal Code, 1860.

Importation of girl from foreign country. – Whoever imports into India from any country
outside India or from 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.

Essentials: This section deals with extra-territorial offences, penalising importation into India of
a girl below the age of 21 years for illicit intercourse or prostitution.

Ingredients:

1. The girl is imposed into India from places outside India, including the State of Jammu
and Kashmir;
2. The age of the girl imported is below 21 years; and
3. The importation must be with the intent that the girl may be, or knowing it to be likely
that she will be, forced or seduced to illicit intercourse with another person.
The offence is cognizable, non-bailable, non-compoundable and triable by the Court of Session.
Punishment may extend to imprisonment for 10 years and fine.

Under Section 367 of Indian Penal Code, 1860.

Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. –

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be
so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or the
unnatural lust of any person, or knowing it to be likely that such person will be so subjected or
disposed 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.

Essentials: This section punishes the kidnapping or abduction of a person in order that such
person may be subjected, or may be so disposed of as to be put in danger of being subjected to
grievous hurt, or slavery, or the unnatural lust of any person, or for causing grievous injury or
slavery. In fact, the section is an aggravated from of the offence of kidnapping or abduction and
provides for enhanced punishment that may extend to 10 years of imprisonment and fine.

The intention on the part of the accused to do the act specified under the section must exist at
the time of kidnapping or abduction. The offence is cognizable, non-bailable, non-
compoundable and triable by the Court of Sessions.

13 | Page
Ingredients:

1. The accused kidnapped or abducted any person;

2. The accused did so in order to subject him to grievous hurt, slavery, or for gratification
of the unnatural lust of any person;
3. The accused knew that the said person is likely to be subjected to grievous hurt, or likely
to be disposed of as being subjected to slavery or unnatural lust.
Under Section 368 of Indian Penal Code, 1860.

Wrongfully concealing or keeping in confinement, kidnapped or abducted person. –

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 person 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.

Essentials: This section punishes concealment or keeping in confinement of kidnapped or

abducted person.13 To attract the section, the accused must be shown to have knowledge of the
fact of kidnapping, or abduction,14 and that with such knowledge the kidnapped or abducted
person was wrongfully confined.15 Consent of the person so confined will absolve the accused
under this section.

Ingredients:

1. The person in question was kidnapped or abducted;

2. The accused knew that the said person was kidnapped or abducted;
3. The accused wrongfully confined or concealed the said person who was kidnapped or
abducted.
The offence is cognizable, non-bailable, non-compoundable.

Under Section 369 of Indian Penal Code, 1860.

Kidnapping or abducting child under ten years with intent to steal from its person. –
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking
dishonestly any movable property from the 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.

13
Sohan Singh, AIR 1939 Lah 180.
14
R. v. Hibbert, 1869 LR 1 CCR 184.
15
Emperor v. Zamin, AIR 1932 Oudh 28.
14 | Page
Essentials: This section punishes those who kidnap or abduct a child below ten years of age
with intent to steal any property from the person of such child.

Ingredients:

1. The accused kidnapped or abducted a child below 10 years of age;

2. The accused intended to take dishonestly some movable property from the person of
the child kidnapped, or abducted.
The offence is cognizable, non-bailable, non-compoundable and triable by a Magistrate of class.
Punishment may extend to seven years of imprisonment and fine.

4. Kidnapping and Abduction

4.1. Kidnapping and Abduction in India
About 11 children are kidnapped in India every hour of the day of which half of them are never
found. Child trafficking is the third largest profitable industry of the world and India seems to
be in the thick of it. India is not only the source, but a destination and transit point for this
heinous crime.

A total of 82,999 cases of kidnapping and abduction were registered during the year 2015,
showing an increase of 263.5% over 2005 level (22,832 cases), an increase of 51.8% over the
quinquennial average of 2010-2014 and an increase of 7.5% over the previous year (77,237
cases). Maximum number of cases of kidnappings and abductions were registered in Uttar
Pradesh (11,999 cases) accounting for 14.5% of total such cases followed by 9.9% in
Maharashtra (8,255 cases), 9.3% in Delhi UT (7,730 cases) and 8.6% in Bihar (7,128 cases).16

Sections 359 to 369 of the Code have made kidnapping and abduction punishable with varying
degree of severity according to the nature and gravity of the offence. The underlying object of
enacting these provisions is to secure the personal liberty of citizens, to give legal protection to
children of tender age from being abducted or seduced for improper purposes and to preserve
the rights of parents and guardians over their wards for custody or upbringing.

4.2. Kidnapping and Abduction in Worldwide

The rate of kidnapping in Europe, North, and South America is attracting the attention of people
all over the globe. Some people have made a lot of money this way and some have taken it as
their businesses.
16
http://ncrb.nic.in/StatPublications/CII/CII2015/chapters/Chapter%2023-15.11.16.pdf, last visited: 1st Nov.
2017.
15 | Page
In Mexico, with its history of drug-war violence and corrupt police, kidnapping is an old story.
Mexico suffered an estimated 105,682 kidnappings in 201217. In 2013, Mexico officially
recorded 1,698 kidnappings, the highest number on record18. That same year, Marian’s
Organization Association tallied kidnappings in Mexico at 3,038.

The disappearance of children in the United States is not unheard of, either, and it is one of the
things that the security apparatus in that country is working to overcome. According to the
National Centre for Missing and Exploited Children, roughly 800,000 children are reported
missing each year in the US.

The act of kidnapping has made so many people lost their sense of reasoning. That was seen in
the incidence that took place in the United Kingdom where a woman kidnapped her own
daughter.19 "Karen Matthews was jailed for eight years for her part in faking the kidnap of her
own daughter in 2008. The mum-of-seven, who has been dubbed Britain’s Most Hated Mum,
was released from prison after serving half of her sentence." She kidnapped her own daughter
just for business. She kidnapped her daughter so that she could claim £50,000 reward money for
finding Shannon as the money would not come out from her own pocket. What a shallow
thinking. There are numbers of cases like that. UK had recorded about 57 convicted
kidnappings cases between 2007-2008.20

4.3. Causes of Kidnapping and Abduction

Persons are kidnapped or abducted by criminals for various reasons and intentions i.e. for
adoption, begging, camel racing, illicit intercourse, marriage, prostitution, ransom, revenge,
sale, selling body parts, slavery, unlawful activity, murder and for other purposes.

There are major causes or kidnapping around the globe and they include:

● Unemployment:
The high unemployment rate in many countries has pushed citizens to make money through
abduction. The unemployed youth turn to crime to make money. They believe that when they
kidnap the rich, they will share in the richness of the rich by getting their own cut.

● Poverty
Any person who lives below $1.25 a day is said to be poor. Poverty is a propelling force that
pushes people toward crime. They find themselves into kidnapping because they are no longer
17
U.S Department of State, 2014
18
Washington Post, 2014
19
The Sun UK Newspaper publication
20
According to the Offender Management Caseload Statistics
16 | Page
happy with their own condition. Sometimes, they believe that one successful kidnapping will
fetch them the money they will need to start a clean business.

● Illiteracy
Illiteracy is the inability to read or write. When people can read and write, they gain knowledge
that can help them in life, and their literacy helps them understand the core consequence of a
particular action.

The kidnappings and bombings by Boko Haram are caused by illiteracy, at least in part. These
men are fed false information by their leaders and that is why they go as far as suicide-bombing,
killing, and kidnapping. They are told that by dying in a suicide bombing or kidnapping, they
will inherit the kingdom.

● Religion
Religion is another cause. Some people love their religion so much that even when that religion
is teaching them the wrong thing, they believe it is right. Many kidnappings in the world today
have their root cause in religion. The head of one religion may want to overshadow the other
and propel his men to kidnap his opponents.

● Greed
Some want to own everything in the world. When men are not content with what they have,
they may turn to crime to make more money. A wicked businessman can kidnap his business
rival to take some money from him and become richer.

● Politics
Some thugs who are sponsored by politicians arrange for the kidnapping of their opponents.
Sometimes, they do this so that their opponents will make concessions or change their votes on
the issues.

● Corruption
A society where corruption is customary is likely to experience a high level of kidnapping. The
truth is that when any government indulges in corruption by embezzling public funds, citizens
will react by kidnapping these politicians in an attempt to regain the money that was stolen from
them.21

4.4. Consequences of Kidnapping and Abduction

Some of the negative effects of kidnapping:

21
https://owlcation.com/misc/Kidnapping-Overview-Causes-Effects-and-Solutions, last visited: 1st Nov. 2017.
17 | Page
 ● Psychological Trauma
The negative psychological effects of being abducted are huge, especially for a child.
Depression, anxiety, PTSD may last a lifetime.

● Fear and Lack of Trust

In a society where the incidence of kidnapping is high, fear limits people's lives and actions.
They always move with caution as they do not know who is likely to be the next target. The rich
men surround themselves with security guards because of the fear of getting kidnapped.

4.5. Solutions to Kidnapping and Abduction

There are solutions which when applied will help reduce the rate of kidnapping in any society
or country. Among them are:

● Training Anti-Kidnapping Agents

Any society that wants to fight kidnapping successfully should hire and train capable people to
combat the issue. When law enforcement agencies are actively involved, the incidence of the
crime is lessened.

● Monitoring the Activities of the Policemen

Reports have shown that policemen assist in some kidnappings. Notable examples are some of
the abductions that take place in Mexico. Eliminating the criminals within the ranks of law
enforcement is key.

● Seriously Punishing Any Kidnapper Caught

Mild punishment only serves to encourage the criminal. When the government treats kidnappers
harshly, fewer crimes will be committed.

● Job creation
Generating jobs for the citizens of every country, especially the youth, will promote the fight
against crime. When they people are gainfully employed, they won't need to commit crimes.

5. Judicial Decisions
In Thakori Lal D. Vadgama v. State of Gujrat22, the accused was charged for kidnapping a
minor girl, Mohini, below 15 years of age from the lawful guardianship of her father under
section 361, IPC. It was established that the accused had at an earlier stage solicited, or induced
Mohini to leave her father’s protection by conveying or indicating an encouraging suggestion.

22
Thakori Lal D. Vadgama v. State of Gujrat, AIR 1973 SC 2314.
18 | Page
The fact that on the day of occurrence the girl voluntarily went to the accused would be no
defence to a charge of kidnapping a minor girl with an intention to seduce her to engage in
illicit intercourse, if there is ample material showing allurement.

It was held that the accused was liable for kidnapping the minor girl in question. Evidence of
the behaviour of the appellant towards the minor girl for several months preceding the incident
completely brings the case within sections 361, 366 of the IPC.

In R v. A23, a 15 years old girl left her home in Cambridgeshire with the appellant ‘A’, who
arrived at the girl’s house and travelled towards him to London for 9 days they lived together in
appellant’s car.

A was charged with and convicted of taking a child under the age of 16 without lawful authority
or reasonable excuse, so as to remove her from the lawful control of a person having such
control over her, contrary to section 2(1)(b)24 of a Child Abduction Act 1984.

On appeal, A contended that he had not taken the girl within the meaning of section 2(1)(b)
because she had wanted to go with him. The appeal was dismissed.

In Shyam Babu v. State of Haryana25, as many as 5 accused persons came to be tried by the
Sessions Judge, Faridabad confirming their conviction for offences under Sections 364A, 325,
323, 384,342 and 506, IPC. For kidnapping for ransom of 4.25 years old boy from his home.
The boy was recovered from a sugar cane field. Their conviction for life imprisonment was
upheld by the High Court also. The appealed was dismissed from the Supreme Court.

In Vinod Kumar v. State of Haryana26, the Apex Court held in case of kidnapping for ransom
of a child Anand, the 3-year son of Jagbir Singh and Suneel, acquittal of co-accused Santosh no
evidence to show that co-accused had instigated accused to kidnap child. Acquittal of co-
accused would not affect case of accused.

While dismissing the appeal and confirming the conviction, the Apex Court said that it is well
settled in law that minor discrepancies on trivial matters not touching the core of the case or not
going to the root of the matter could not result in rejection of the evidence as a whole.

23
R. v. A., (2000) 2 AII ER 177(CA), per CLARKE LJ.
24
Child Abduction Act, 1984.
25
Shyam Babu v. State of Haryana, AIR 2009 SC 577.
26
Vinod Kumar v. State of Haryana, AIR 2015 SC 1032.
19 | Page
In Nemai Chattoraj v. Queen Empress27, Mr. X took away J, a minor girl, from her husband’s
house and kept her in his own house for two days. One M removed her to his house and kept her
for twenty days. Thereafter, M clandestinely removed J to Y’s house and took her to Calcutta.

Held, Y could not be convicted of kidnapping J from lawful custody. Y cannot be said to have
taken or enticed J out of the keeping of her guardian. The act of the taking away was completed
when J was actually taken out of the keeping of her guardian, i.e., her husband, in which Y had
no role. He had nothing to do with the matter until three weeks later. The act of taking is not a
continuous act and as such when once the boy or girl has been actually taken out of the keeping,
the act is complete.

6. Difference between Kidnapping and Abduction

The terms abduction and kidnapping are sometimes used interchangeably. At common law,
kidnapping consisted of the forcible abduction or stealing or carrying away of a person
from one’s own country to another. Kidnapping is the taking away of a person by force, threat,
or deceit, with intent to cause him or her to be detained against his or her will. Kidnapping may
be done for ransom or for political or other purposes. Abduction is the criminal taking away a
person by persuasion, by fraud, or by open force or violence.

Although, abduction and kidnapping were considered separate and independent crimes, they are
not always mutually exclusive. In fact, some state statutes have used the terms “abduct” and
“abduction” in defining the offense of kidnapping. However, both the terms refer to the
unlawful taking or detention of one person by another.

Abduction is the unlawful interference with a family relationship, such as the taking of a child
from its parent, irrespective of whether the person abducted consents or not. Kidnapping is the
taking or detention of a person against his or her will and without lawful authority.

27
Nemai Chattoraj v. Queen Empress, (1900) 27 Cal 1041.
20 | Page
 CONCLUSION

Kidnapping is the aggravated (for ransom or injury) false imprisonment of a person. In colonial
days kidnapping was just a misdemeanour punishable by fine or some other public punishment.
Kidnapping was not considered a crime unless the abduction was violent or involved
international travel. The newly formed states passed kidnapping laws following founding of the
United States, but most states continued to consider it a misdemeanour crime. As a result,
children of the wealthy were frequently targeted by kidnappers seeking high ransoms. Often the
children were murdered even when the ransom was paid. Kidnappers would commonly take
their victims to another state to be outside the jurisdictional territory of the state in which the
abductions.
The rate at which innocent life has been muddled through the menace of kidnapping and
abduction in India is worrisome because the impact of kidnapping is becoming excruciating in
India to the extent that everyone is sleeping with one eye open. This scenario has intimidated
both national and international investors to establish in India which incur unbearable economic
recession.

Meanwhile, threat of keeping people hostage to take ransom in exchange of their life or
kidnapping them for rituals is very clear because the glorious Qur’an condemned any form of
hurting people without legal consent.

Therefore, this study discovers that the pestilence of kidnapping in India especially in the
current administration is like insidious cankerworm to the extent that no one in India
irrespective of their age and political influence discerns who will be the next victim. In the light
of above scrutiny, the study finds that, unemployment, poverty, ritual and spiritual proclivity,
political parochialism, insecurity and prevalence of alcoholic consumption are chief factors
responsible for the widespread of kidnapping in India. In essence, the paper put forward that if
government is sincerely looking for a way to assuage the menace of kidnapping, they must
tighten their security to checkmate political campaign in order not to create monsters during
election and the spiritual magnetism must be checked in order to curtail blood sacrifice. Federal
government must also agree that unemployment is the yardstick of all crimes and detrimental
vices in India.

21 | Page
 BIBLIOGRAPHY

BOOKS REFERRED:

1. Gandhi B.M, “Indian Penal Code”, Eastern Book Company, Lucknow, 2nd Edition, 2006.

2. DhirajLal Ratanlal, “Indian Penal Code”, LexisNexis Butterworth’s Wadhwa, Nagpur,

13th Edition (Reprint 2004 Edition), 2008.

3. Singh K.K and Bagga R., “Indian Penal Code”, The Law Book Company, Allahabad, 2nd

edition, 1994

4. Mishra S.N., “Indian Penal Code”, Central Law Publications, Allahabad,14th Edition.

2006.

5. Basu N.D., “Commentary on Indian Penal Code” ed. 10th, vol. 2, Ashoka Law House,

New Delhi, 2007

Articles Referred:

1. Puan Sri Datin Seri N. Saraswathy Devi, ‘Child Trafficking :The Recent emergence of the
global issue”
2. Van Bueren ,“The International Law on the Rights of a Child,” Kluwer 1989

ONLINE SOURCES:

1. http://www.man.org.np/mdcampus/ppt/17-Kidnapping%20and%20extortion-

Ranendra%20Man.ppt.

2. http://www.indiatogether.org/2006/oct/law-immoral.html

22 | Page