KIDNAPPING & ABDUCTION : A CRITICAL ANALYSIS

PROPOSAL SUBMITTED BY
NAME : SAHIL VERMA
ROLL NO. : 2148
SEMESTER: THIRD
YEAR : 2019-2024
COURSE : B.A.LLB (HONS)
PROPOSAL SUBMITTED TO
Miss. PREETY ANAND
FACULTY OF CRIMINAL LAW -I

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE TITLED

COURSE

CRIMINAL LAW -I

SEPTEMBER 2020

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITTHAPUR, PATNA-800001

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 INTRODUCTION

Kidnapping and abduction together with punishment is covered in INDIAN PENAL CODE,
1860 under section 359 to section 369.

KIDNAPPING
Section – 359 Kidnapping - Kidnapping is of two kinds: Kidnapping from India, and
kidnapping from lawful guardianship.

Section – 360 – kidnapping from India – Whoever conveys any person beyond the limits of
India without the conveys of that person, or of some person legally authorised to consent on
behalf of that person, is said to kidnap that person form India.

The IPC recognises two kinds of Kidnapping: kidnapping from India and kidnapping from
lawful guardianship. Kidnapping in any form curtails from the liberty of an individual.
Especially, it infringes the right to life guaranteed under art 21 of the Constitution of India
and human rights. It causes terror in the mind of the people and has deleterious effect on
civilised society1.

ABDUCTION

Section – 362 Abduction – whoever by force compels, or by any deceitful means include, any
person to go from any place, is said to abduct that person.

Section 362 merely defines the term ‘abduction’. Therefore, abduction per se is not offence
under the IPC. It is an offence when it is accompanied by certain intent to commit another
offence. Force or fraud is essential to make abduction punishable.

Essential Ingredients:

The essential ingredients of this section are:

(a) Forcible compulsion or inducement by deceitful means;

(b) The objects of such compulsion or inducement must be the going of a person from
any place.

1
Tarun Bora v. State of Assam (2002) 7 SCC 39

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 AIMS AND OBJECTIVE

1. The researcher tends to throw some light on difference between kidnapping and
abduction.
2. The researcher tends to throw some light on sale or purchase of minor for immoral
purposes.

RESEARCH METODOLOGY

The researcher will be relying upon only doctrinal method of research to complete their
project.

SOURCES OF DATA

The researcher will be relying upon secondary sources only to complete their project.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
 KIDNAPPING UNDER IPC
 ABDUCTION UNDER IPC
2. AGGRAVATED FORMS OF KIDNAPPING
 SLAVERY & FORCED LABOUR
 RELATED CASE LAWS
3. DIFFERENCE BETWEEN KIDNAPPING & ABDUCTION
4. SALE OR PURCHASE OF MINOR FOR IMMORAL PURPOSES
5. CONCLUSION & SUGGESTIONS
6. BIBLIOGRAPHY

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