Kidnapping &

Abduction
Kidnapping
Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often
with the intent to demand a ransom or exert control over the victim for various reasons. It typically
involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence
in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical
and psychological well-being. Now, let us understand, ‘What are the types of kidnapping?’ Under
Section 359 of the Indian Penal Code, 1860, Kidnapping is divided into two types:

● Kidnapping from India; and

● Kidnapping from lawful guardianship.

An offender of kidnapping shall be punished under Section 363 of the IPC with
imprisonment of upto 7 years and fine.

● Kidnapping for exporting (Section 360)

Section 360 provides that whoever conveys any person ‘beyond the limits of
India’ without his/her consent or of the legal guardian, commits the offence of
kidnapping that person from India. It essentially indicates that the offence is
complete the moment a person is taken outside the geographical territory of
India, but until so happens it may amount to an attempt to commit this offence
banking on the principle of locus poenitentiae.

● to convey an individual beyond the limits of India whereas the offence under this section
does not apply until the person reaches not only a foreign territory but also his destination.
● to take such an individual or person without his own or any legally authorized person’s (on
behalf of the person) consent.
 ● Kidnapping from lawful guardianship (Section
361)
Section 361 deals with the taking away/enticing of minor children, i.e. under
sixteen/eighteen years of age for male/female respectively, from lawful
guardianship without their consent. The object of the section is to afford
protection & security to minor wards from being seduced, harmed, or otherwise
exploited by others.

Kidnapping
Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often
with the intent to demand a ransom or exert control over the victim for various reasons. It typically
involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence
in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical
and psychological well-being. Now, let us understand, ‘What are the types of kidnapping?’ Under
Section 359 of the Indian Penal Code, 1860, Kidnapping is divided into two types, kidnapping from
India and Kidnapping from lawful guardianship.

Sec 326
Abduction
Unlike kidnapping, abduction is not a crime in itself but the addition of intention to cause other
offences make it a punishable offence. It encompasses a broader spectrum of scenarios. In general,
abduction refers to the act of taking someone away by force or deception, but it may not necessarily
involve the intention to harm or exploit the individual. Under Section 362 of the IPC, the term
‘abduction’ is defined as “Whoever by force compels, or by any deceitful means induces, any person
to go from any place, is said to abduct that person.”

Difference b/w:

● Kidnapping: The offence of kidnapping is committed against a minor that is 16 years in the
case of males and 18 years in the case of females.
● Abduction: There is no provision for age in the case of abduction, any person can compel any
other person by force and deceitful means to move from one place to another.
 ● Kidnapping for ransom (Section 364A) Section
364A of the IPC provides that whoever kidnaps/abducts and detains a
person while causing reasonable apprehension of death/hurt in order to
extort ransom, shall be punishable with death/life imprisonment and
fine. This section was inserted in the IPC by the Criminal Law
(Amendment) Act, 1993 to provide for stringent punishments for such
an offence.

● Kidnapping for begging (Section 363-A)

Section 363A was introduced in the year 1959 to counter the growth of
‘organized begging’, wherein unscrupulous persons kidnapped children and
maimed them for the purpose of begging, as defined under this section. It also
introduced the presumption that if a person other than the lawful guardian
uses/employs a minor for begging, then unless the contrary is proven, the child
is presumed to be kidnapped. The offence of kidnapping the minor for begging
is punishable with simple/rigorous imprisonment upto 10 years and fine, and if
the child is maimed during the commission of this offence, the accused shall be
punished with imprisonment for life.

Prostitution:

Procuration of minor girls (Section 366-A)

For inducement to force or seduce, to illicit intercourse: For convicting a person
under Section 366-A, it’s essential to establish that he has induced a minor girl
below the age of 18 years to go from any place/ do any act with the
intent/knowledge that she would be forced/seduced to illicit intercourse with
another person. Such offender shall be punishable with imprisonment of upto 10
years and fine.
Selling of minors for prostitution (Section
372)
Section 372 provides the punishment for selling a person under the age of 18
years of either sex for the purpose of prostitution, illicit intercourse, or for any
other immoral purpose. The offence is complete the moment there is
sale/letting to hire a minor with the aforementioned intention/knowledge, and is
punishable with imprisonment of upto 10 years and fine. Further, such offence
committed against a female is presumed to be done with the required mens rea
unless proven to the contrary.

Buying of minors for prostitution (Section

373)
Section 373 punishes those persons who buy/hire any person under the age of
18 years with the intention/knowledge that he/she shall be employed for the
purposes of prostitution, illicit intercourse, or for any other unlawful/immoral
purpose, with imprisonment of upto 10 years and fine. Furthermore, such an
offence committed against a female is presumed to be done with the required
mens rea unless proven otherwise.

Foeticide and Infanticide

1. Sections 315 & 316 - Injury to an Unborn Child:

● Act Before Birth: Culprit must perform the act before the child's birth.
● Intention(Section 315):: Intention to prevent the child from being born alive or
cause its death. Exception for saving the mother's life.
● Penalty (Section 315): Imprisonment up to 10 years, fine, or both.
● Culpable Homicide (Section 316): Act with intention of culpable homicide,
causing the death of a quick unborn child. Imprisonment up to 10 years and fine.
2. Section 317 - Abandonment and Exposure of an Infant:

● Child's Age: Child must be under twelve years.

● Responsibility: Both father and mother or person having care of the child are
responsible.
● Section 317 also places a similar duty & liability, as imposed upon the
parents of the child, on the person made responsible for the care &
protection of the child, and hence, as highlighted in Emperor v. Blanche
Constant Cripps & Anr., daycare centres, creches, orphanages, etc. are all
included under it.
● Penalty: Imprisonment up to 7 years, fine, or both.The explanation to Section
317 stipulates that whence the death of a child under 12 years of age is
caused because of the aforementioned exposure/leaving, then the parent
or such person in whose care the child was placed, shall be held liable for
the offence of culpable homicide or that amounting to murder. However, it
is essential to note that the death so caused must be a proximate
consequence of such unlawful exposure/abandonment and should’ve been
done with the knowledge that it’s likely to cause such death.
● Scope: Covers leaving/exposing a child with the intention to wholly
abandon.Further, it manifests that such exposure/leaving of the child must
be accompanied with the intention of abandonment of the child. It,
therefore, indicates not merely leaving the child temporarily, it should
have been done with the required intention to constitute an offence under
this Section.

3. Section 318 - Concealment of Birth of a Child:

● Secret Disposal: Intentional disposal of the dead body of a child, whether before,
after, or during birth. The term ‘body’ in this Section indicates a precondition
that the secret burial/disposal should be of the dead body of the child, i.e.
the child should not be a mere embryo/foetus but should’ve been
developed and matured. Further, in the case of Radha v. State of
Rajasthan, it was held that if the child were alive at the time of such
secret burial/ disposal, then no offence would be made out under this
Section, but would attract other provisions of the IPC.
● Penalty: Imprisonment up to 2 years, fine, or both.
● Intent to Conceal Birth: Essential element for the offence.

Essential Ingredients and Considerations for Each Section:

 ● Intent: Intent is crucial in Sections 315, 316, 317, and 318.
● Child's Age: Relevant in Section 317 (under twelve years).
● Responsibility: Imposed on both parents or the person having care of the child in
Section 317.
● Concealment of Birth: Central in Section 318, with intentional disposal of the
child's dead body.

Proposals for Reform:

● Miscarriage Provision (Section 312): Allowance for miscarriage within 3 months

by a registered medical practitioner.
● Punishment Enhancement (Section 313): Maximum punishment of rigorous
imprisonment for up to 10 years and fine.
● Age Limit Revision (Section 317): Reduce the age limit for exposure and
abandonment to 5 years from 12 years.
● New Section 318: Illegal omission to provide necessaries of life.
● Revisions and Deletions: Proposals to delete or revise several sections for
relevance and adequacy.