Is Kidnapping Legal in India

The two serious crimes, kidnapping and kidnapping, are two separate crimes, although they are often lumped together. However, it is important to understand the differences between the two and the consequences that result. The main difference you need to understand about both crimes is that abduction means that the victim does not need to be a child. However, defendants receive harsher penalties if the victim is under 14 years of age in a kidnapping. Most of those charged with abduction or obstruction of deprivation of liberty are family members of the child, while abductors can be anyone. Case Law – Pradeep Kumar v. State of Bihar and Anr,[3] the Supreme Court ruled in this case that consent obtained by lying to the girl`s father for the purpose of abducting his minor daughter cannot be qualified as consent within the meaning of this article and that such a return would amount to abduction. Now that we understand what rapture and rapture are, let`s understand the difference between them. This section also mentions an exception. It states that it does not entail the crime of removal from legal guardianship if the person believes in good faith, i.e.

honest with reason, that: In Taj Mohammad v. In the state of Madhya Pradesh,[xi] a minor girl named Ivy was in a relationship with the accused and the two were quite intimate with each other. The accused went to her father`s home during Diwali and shortly thereafter the minor left her home. Later, it turned out that the two were sitting next to each other in the station. In this case, the defendant was held liable for the abduction, since the father was a legal guardian of the minor and all the other elements necessary for the abduction were present in this case. Illustration: «A» abducted «B», a 12-year-old boy, from his father without his consent to beg on the streets of Delhi. In this case, «A» completed the legal Gu`a`rdianhood kidnapping as soon as he took «B» from his father. And because it was for the purpose of begging him on the streets of Delhi, «A» is guilty of the offence under Section 363A of the CPI. Article 361 declares abduction under legal guardianship.

If a person is a minor (i.e., a boy under the age of 16 and a girl under the age of 18) or an alienated person without the consent of the guardian of his or her legal guardian, that person commits the offence of removal from legal guardianship. Facts and problem: The complainant abducted a 16-year-old boy and demanded a ransom of 50 lakes of rupees. Then they killed that boy. In the present case, the petitioners filed a written application with the Supreme Court for a declaration of Section 364A, inserted in the Indian Penal Code, ultra vires (beyond lawful power) of the Constitution insofar as it provides for the death penalty for any person convicted. He also stated that Section 364A was only added to deal with terrorist ransoms, as kidnappings/kidnappings were already covered in the previous section. He continued to pray for the cancellation of his death sentence under this article. Section 364A of the Penal Code provides penalties for anyone who threatens to injure or cause death to the person he has abducted, abducted or imprisoned after the abduction or abduction, in order to compel the government or a foreign state or any other person to perform or abstain from performing an act or paying a certain sum of money. The penalty is death penalty or life imprisonment and fine, as mentioned in section 364A of the Criminal Code. The main points of the Section 364A offence are as follows: This article was written by Srishti Kaushal, a first-year student at Rajiv Gandhi National Law University, Patiala. In this article, she discusses the provisions relating to kidnapping and abduction contained in Sections 359 to 374 of the Indian Penal Code, 1860. If the minor leaves his guardian himself or leaves the guardian with the intention of not returning, he cannot be said to be in the custody of the legal guardian.

If the facts of the case clearly show that the minor girl voluntarily left her father`s house, was fully aware of the nature and consequences of her act and joined the accused, then the crime of kidnapping does not take place and constitutes a voluntary act. [x] Abduction in the ICC is a harmful activity that restricts a person`s liberty.