Section 359-369 of I.P.C. 1860

 https://youtu.be/JFRV1HbU-N0

Section 359 – 369 of I.P.C. 1860

Section 359 Kidnapping

As per the section 359, Kidnapping is of two kinds –

  1. Kidnapping from India; and
  2. Kidnapping from lawful guardianship

Section 360 Kidnapping from India

Section 360 explains that whoever conveys any person –

1.      Beyond the limits of India and

2.      Without the consent

(i)                 Of that person, or

(ii)               Of some person legally authorized to consent on behalf of that person –

Is said to kidnap that person from India

Note: The offence of kidnapping from India can be committed on any person of any age, and if the person or his guardian consents, then the offence cannot be committed.

Essentials of Kidnapping:

1.      The person kidnapped was, at the time of offence, in India.

2.      The accused conveyed the person beyond the limits of India.

3.      The accused conveyed the person beyond the limits of India without the consent of the person conveyed so or any person legally authorized to consent on behalf of such person (kidnapped).

Section 361 Kidnapping from Lawful Guardianship

Whoever takes or entices –

(i)                 A minor under 16 years of age; or

(ii)               A minor female under 18 years of age; or

(iii)             A person of unsound mind,

The purpose is to keep the person out of his/her lawful guardianship and without the consent of such lawful guardian.

Essentials of Kidnapping from Lawful Guardianship: Four essentials have been mentioned under this section –

1.      Age and status of the person: The person kidnapped under section 361 was:

·         A minor under 16 years of age; or

·         A minor female under 18 years of age; or

·         A person of unsound mind,

2.      Person kidnapped so was in the keeping of a lawful guardian: Custody of lawful guardian is the main essential of section 361 as if the minor is not in the custody of a lawful guardian, the offence cannot be committed. It is also considerable that “guardian” does not necessarily means “parents” and guardianship implies control also.

3.      That the accused took or enticed such minor out of such keeping and it is not necessary that taking should be by force or fraud (actual or constructive) or that the person taken should be physically carried in the kidnapper’s arms. Leading of the victim enticed amounts to taking.

Section 362 Abduction

Abduction

Abduction with intent to commit an offence such as robbery or murder has been defined as an offence.

Abduction by itself is not an offence and has been defined under section 362 of the same chapter i.e. XVI of Indian Penal Code.

Section 362 defines ‘abduction’ as –

Whoever

(i)                 By force compels, or

(ii)               By deceitful means induces – any person to go from any place – is said to abduct that person

Note: Section 362 is merely a definition of the word “abduction” and it becomes offence when it is committed with certain aggravating circumstances mentioned in Sections 364 – 368 as following:

1.      In order to commit murder; S. 364

2.      With intent secretly or wrongfully to confine a person; S. 365

3.      A woman to compel her to marry any person against her will, or to force or seduce her to illicit intercourse;  or

Inducing a woman to go from any place, by means of criminal intimidation or abuse of authority or any method of compulsion, in order that she may be forced or seduced to illicit intercourse; S. 366

Inducing a minor girl under the age of 18 years to go from any place in order to do any act with the intention or knowledge that she will be forced or seduced illicit intercourse; S366A

Importing a girl under 21 years of age from a foreign country with intent or knowledge that she will be forced or seduced to illicit intercourse; S.366B

4.      Kidnapping in order to subject a person to grievous hurt, slavery, or unnatural lust; S.367

5.      Wrongfully concealing or confining a kidnapped or abducted person; 368

6.      A child under ten with intent to steel movable property from the person of such child; S.369

 

 

Section 363 Punishment for Kidnapping

Imprisonment of either description for a term which may extend to 7 years and liable to fine also

Section 363A Kidnapping or maiming a minor for purpose of begging

Punishment: Imprisonment for Life and also liable to fine

Section 364 Kidnapping or Abduction in order to murder

Punishment: Imprisonment which may extend to 10 years and fine also

Section 364A Kidnapping for Ransom etc.

Punishment: Punishment of death or Life Imprisonment and fine also

Section 365 Kidnapping or Abducting with intent secretly and wrongfully to confine person

Imprisonment: may extend to 7 years and fine also

Section 366 Kidnapping, Abducting or inducing woman to compel her marriage etc.

Imprisonment: may extend to 10 years and fine also

Section  366A Procreation of Minor Girl

Section  366B Importation of girl from foreign country

Section  367 Kidnapping or Abducting in order to subject person to grievous hurt, slavery etc.

Imprisonment: may extend to 10 years and fine also

 

Section  368 Wrongfully concealing or keeping in confinement, kidnapped or abducted person

Punishment: in the same manner as if punishment for kidnapping and abducting with the same intention or knowledge or for the same purpose as that with or for which concealment or detention of a person in confinement

Section  369 Kidnapping or Abducting child under 10 years with intent to steal from its person

Imprisonment: may extend to 7 years and fine also

Comments

Post a Comment

Popular posts from this blog

Meaning of Actionable Claim under Transfer of Property Act,1882

  Video Lecture: https://youtu.be/zPaSJJ-D00w Meaning of Actionable Claim Interpretation of actionable claim as per section 3 of Transfer of Property act, 1882 and Chapter VII of the act covers “Transfer of Actionable Claims” and provisions of the same are covered under sections 130-137.   Interpretation of actionable claim as per section 3 is: “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable not in possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent. For understanding this interpretation, first need to comprehend the meaning of debt: (First this part of above interpretation will be discussed: “Actionable claim” means a claim to any debt, other than a debt s...
Read more

Introduction of Transfer of Property Act, 1882

Image
  Transfer of Property Act, 1882 Introduction to Transfer of Property Act, 1882 Transfer of Property Act deals with Transfer Of Property, generally it is for immovable as aspects related to movable property are specifically covered under Sale of Goods Act, 1930. Still, there are certain provisions related to movable property as well. So, what is property? Property is a wider term and includes anything which has some value and right of ownership may be exercised on it. Case Law: Raichand v. Dattatrya A.I.R. 1964 It was held that the word property in its broadest sense covers all legal rights of a person but not his personal rights as of his status or personal obligation. In India, distinction of property is based on movable and immovable as compared to English Law where property is categorized as real and personal. The transfer of property is covered specifically by: Movable: Sale of Goods Act, 1930 Immovable: Transfer of Property Act, 1882 But there ...
Read more

Notice Under Transfer of Property Act, 1882

https://youtu.be/XseQsukcv4Q   Notice Literally the term “notice’ means intimation, intelligence or warning. Legal meaning of notice is knowledge of a fact or the information about a fact. It means that when a person has a notice of something, he has knowledge or information about a fact. And in law, if is established before court that a person has a notice of some fact or transaction, the knowledge of that fact is binding on that person. Hence, if person has knowledge or notice of some fact, he cannot deny the knowledge or notice of the fact if the same goes against him. First, understand the interpretation of notice as per bare act: Section 3 interprets notice as, “a person to have notice” of a fact when he actually knows that fact, or when but for willful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I : Where any transaction relating to immovable property is required by law to be and has be...
Read more