Introduction - 


    The word kidnapping has been derived from the word "kid" meaning child and "napping" means 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 laborers for the American Plantations. The offense of kidnapping is an aggravated form of wrongful confinement and is, therefore, an offense in which all the elements of that offense are necessarily present. Section 359 to Section 369 of the code has made kidnapping and abduction Punishable. 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 them for improper purposes and to prevent the rights of parents and guardians over there wards for custody or upbringing


1) Kidnapping - 


Section 359 of Indian penal code classified kidnapping under to categories-

(a) Kidnapping from India (Section 360 IPC)

(b) Kidnapping  from lawful guardianship (Section 351 IPC)

See...Kinds of Kidnapping

Kidnapping from India (Section 360) -

     According to Section 360 of the Indian Penal Code 1860, 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.



Ingredients 

         Section 360 of Indian penal code defines kidnapping from India and section 363  of Indian penal code prescribes punishment for the offense.  To invoke Section 360 following ingredients are to be satisfied -

(1) That the person kidnapped was in India at the time of offense.

(2) That way accused conveys such person beyond the limits of India

(3) Without the consent of that person,  or of someone legally authorized to consent on behalf of that person

 The offense under this section may be committed in respect of any person, male or female, major or minor and irrespective of his nationality

Kidnapping from lawful guardianship (Section 361) -

     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 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.


Ingredients- 

To constitute an offense under this Section the following ingredients are to be satisfied -

(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 local Guardian of such minor or person of unsound mind; and

(4) Taking or enticing must be without the consent of such guardian.



2) Abduction (Section 362) -


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


Abduction (Meaning) -

     Abduction means carrying away of a person by fraud or force.  According to Section 362 of the Indian Penal Code 1860, 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 offense. It is an auxiliary act not punishable in itself, but when it is accompanied by a certain intention to commit another offense, it per se becomes punishable as an offense.

Examples - 

(1) If the intention is to cause secretly or wrongfully a person, section 364 IPC applies;

(2) If the intention is that the person abducted maybe murdered or so disposed of as to be put in danger of being murder section 364 of IPC applies;

(3) If the intention is to cause grievous hurt or to dispose of the person abducted as to put him/her in danger of being subjected to grievous hurt or slavery, or the unnatural lust of any person section 367 IPC applies;

    Section 363 of the Indian Penal Code 1860 provides punishment for the offense of kidnapping from India and from lawful guardianship as defined in section 360 and 361 of Indian Penal Code respectively


Punishment for kidnapping (Section 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.

     The offense under this section is cognizable, bailable, non-compoundable and tribal by a magistrate of the first class.


Kidnapping or maiming a minor for purposes of begging Kidnapping or maiming a minor for purposes of begging. (Section 363A of I.P.C)—

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

    (2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.

    (3) Where any person, not being the lawful guardian of a minor, employs or uses 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, wound, 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.



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 kidnapped person is employed or used for purposes of begging;

(5) The kidnapper has maimed the minor kidnapped.


The offense under section 363A of the Indian Penal Code is cognizable and non-bailable and non-compoundable and tribal by a magistrate of first class if the punishment is imprisonment for 10 years. If the punishment is imprisonment for life and fine then by Court of session.

See also... The offenses which are punishable with the death sentence under the Indian Penal Code 1860


Kidnapping or abducting in order to murder (Section 364) -  

     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 to ten years, and shall also be liable to fine.

Illustrations -

(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 offense defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offense defined in this section.

Ingredients -

To invoke Section 364 of the Indian Penal Code following Ingredients are to be satisfied

1) A person kidnaps or abducts another person,

2) the act is done in order that such person may be

      a) murdered, or

       b)  so disposed of as to be put in danger of being murdered.

Kidnapping for ransom, etc (Section 364A) -

     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 organization 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.



Ingredients -

The offense has the following ingredients -

1) Kidnapping or abducting a person

2) Keeping such person in detention after kidnapping or abduction;

3) (a) Threating to cause death or hurt to that person, or

     (b) Give rise to a reasonable apprehension that such person may be put to death or hurt causes hurt or death to such person,

4) Compel -

      a) The Government or

      b) Any foreign State, or

      c) Inernational, internal government orgnization or

      d) Any other persons to do or to abstain from doing any act or pay any ransom.


The offense under this Section is Cognizable, non-bailable, and triable by Court of Session.


See...Human Rights of Children and International Instruments to Protect their Rights


Kidnapping or abducting with intent secretly and wrongfully to confine person (Section 365) -  

     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.

The offense under this Section is Cognizable, non-bailable, and triable by Magistrate of the first class.


Kidnapping, abducting or inducing woman to compel her marriage, etc (Section 366) - 

    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 she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid.


Ingredients -

1) A person kidnap or abduct any woman,

2) This Act is done -

    a) with intend that she may be compelled to marry any person against her will, or

    b) knowing it to be likely that she will be so compelled, or

     c) in order that she may be forced or seduced to illicit intercourse, or

     d) Knowing it to be likely that she will be so forced or seduced.

The offense under this Section is Cognizable, non-bailable, and triable by Court of Session.

Procuration of minor girl procreation of minor girl (Section 366A) -

     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.


Ingredients -

To invoke Section 366A of the Indian Penal Code following ingredient to be satisfied-

(1)The accused must have induced a girl

(2) The said girl must be below 18 years of age and

(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 offense under section 366A of IPC is  cognizable non-bailable and non-compoundable and triable by Court of session

See also...Difference / Distinction between Theft and Mischief

Importation of girl from foreign country Importation of girl from foreign country (Section 366B ) -

     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.


Ingredients -

(1) The girl is imported 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 maybe or knowing it to be likely that she will be forced or seduced to illicit intercourse with another person.


       The offense under this section is cognizable non-bailable, non-compoundable and tribal by Court of session

Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc (Section 367) - 

        According to Section 367 of IPC, 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 to 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.

Ingredients -

(1) The accused has kidnapped or abducted any person

(2) The accused did so in order to subject him to grievous hurt, slavery, or for the gratification of the unnatural lust of any person

(3) The accused of know that the said person is likely to be subjected to grievous hurt or likely to be disposed off as being subjected to slavery or unnatural lust.

      The offense under section 367 of the Indian penal code is cognizable and non-bailable, non-compoundable and tribal by the court of session.

See also...  Right of Private Defence (Section 96 to 106 IPC): Indian Penal Code 1860

Wrongfully concealing or keeping in confinement, kidnapped or abducted person (Section 368) -  
    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.


Ingredients - 

To invoke section 368 of the code following the ingredients are to be satisfied -

  (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 offense under section 368 is a cognizable, non-bailable or non-compoundable and tribal by the court by which the kidnapping or abduction is tribal


Kidnapping or abducting child under ten years with the intent to steal from its person (Section 369) -

     According to Section 369 of the Indian Penal Code, 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.

Ingredients -

To invoke section 369 of the code following ingredients are to be satisfied -

     (1) The accused kidnapped or abducted a child which is below 10 years of age.

     (2) The accused intended to take dishonestly some movable property from the person of such child.

    The offense under section 369 is cognizable and non-bailable or non-compoundable and tribal by the magistrate of first class

See Also...

Distinction Between Kidnapping and Abduction

Cheating: Offences against Property (Section 415 to Section 419 of the Indian Penal Code, 1860)


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