Abduction/Kidnapping

Blacks’s law dictionary has defined ‘abduction’ as ‘ the act of

leading someone away by force or fraudulent persuasion.
(dokha gari manaune)
Archaic defines the term as- abduction as the crime of taking
away a female person especially one who is below a certain
age( like under 16) without her effective consent by use of
persuasion, fraud, or violence for the purpose prstitution or
illicit sex.
• Blacks’s law dictionary has defined kidnapping as the crime of
forcibly abducting a person from his or her own country and
sending the person to another.
• In criminal law, kidnapping is the unlawful confinement of a
person against their will, often including transportation.
• ‘kidnapping, criminal offense consisting of the unlawful
taking and carrying away of a person by force or fraud or
the unlawful seizure(japhat) and detention of a person against
his will’.
• In earlier times kidnapping meant carrying a person away to
another country for involuntary servitude.
• Now, it is done for various reasons.
 • Reasons
• Prostitution:
• taking or detention of a girl under a designated age for
purposes of marriage:
• Ransom :
• ……
• …….
 • Elements of Kidnapping
• Mental Elements
• Intention to get money/ransom by kidnapping a person
• Desire and knowledge of result or consequences
• Physical Elements
• Use of force
• With threat
• Overpowering
• Fraud
• Intoxicate
• Controlling within the vehicle
• Chapter 17 , Section 211 of Muluki Penal Code 2074
• 1. No person shall kidnap of any person
• 2. For the purposes of subsection (1), a person shall be
considered to have committed kidnapping if he or she does
any of the following acts:
• a. To take any person to or compel him or her to go to any
place by using force or threats to use force or by practicing
fraud, deception or intimidation or by showing or not showing
arms or by misrepresenting or by administering narcotics or
alcoholic substance to him or her or by seizing or controlling
in any way a vehicle by which he or she is traveling or
exercising control in any way over such vehicle, or
• b. To take by force any person to any place without his or her
consent or any child or any person who is under the shelter of
anyone due to his or her physical incapacity or any person of
unsound mind due to mental illness without the consent of his
or her father, mother or guardian or by way of
misrepresentation.
• Section 212 (hostage- taking)
• (1) No person shall take another person hostage.
• 2) (2) For the purposes of sub-section (1), a person shall be
considered to have committed hostage-taking if that person
seizes or detains another person without his or her consent or a
child or a person of unsound mind without the consent of his
or her father, mother or guardian, by using force or threats to
use force, or by practicing fraud, deception, coercion or
intimidation or by showing or not showing arms or by
misrepresenting or by administering narcotics or alcoholic
substance to him or her or by seizing or controlling a vehicle
or place where he or she is staying.
• 3) Notwithstanding anything contained in sub-section (2),
placing, in good faith, an unsound person under the surveillance
or control of any one in the course of treatment or for any other
purpose, for the benefit of the concerned person, with the
consent of his or her father, mother or guardian shall not be
deemed to constitute hostage-taking.
• Section 213 Punishment:
• Whoever commits the crime under 211 or 212 with the objective
of causing death, causing injury by hurt, committing rape, or
unnatural sex, selling a man or employing into work forcefully
against one’s will, engaging into prostitution, torturing,
compelling to commit or to be committed an act, taking ransom
shall be liable a punishment of 7 years to 10 years with fine of
70,000 to 1,00,000
• and if commits with other objectives then 3 years to 5 years
with fine from 30,000 to 50, 000
• Section 214: Additional Punishment
• (1) A person who takes another Person hostage under Section
212 after kidnapping him or her under Section 211 shall be
liable to a sentence of imprisonment for a term of Ten to
fifteen years and a fine of one hundred thousand to one
hundred fifty thousand rupees.
• 2)A person who does any other act considered to be an offence
under this Act or under the law in force by committing
Kidnapping or hostage-taking shall be liable to the sentence
referred to in sub-section (1), in addition to the sentence
imposable for such offence.
• 3) Where the offence referred to in Sections 211 and 212 is
committed, or cause to be committed, in an organized manner,
the persons committing such offence shall be liable to an
additional sentence of imprisonment for a term of two years
• Section 215 Person who abets or orders or attempts or conspires
or is accomplice to be liable to sentence:
• (1) A person who abets or orders the commission of any offence
referred to in this Chapter shall be liable to the same sentence as
is imposable on the principal offender.
• 2) Not with standing anything contained in sub-section (1), the
person who attempts or conspires to commit or is accomplice to
the commission of such act shall be liable to half the sentence
imposable for that offence.
• Sec 216. Reduction of sentence if surrendered: Where a person
committing an offence under this Chapter surrenders before the
security personnel at the time of committing the offence or
render assistance n arresting the other offenders or members of
the gang committing that offence, the court may, having regard
to the circumstances, reduce the sentence for that person
• Sec 217 Compensation ordered to be paid:
• (1) A reasonable compensation shall be ordered to be paid to the
victim by the person who is held to have committed or caused
the commission of Any Offence under this Chapter.
• (2) The compensation referred to in sub-section (1) shall be paid
to the immediate successor to the victim if the victim is already
dead.
• 218 limitation: There shall be no statute of limitation for making
a complaint in the case of any offence under this Chapter which
has caused the death of any one.
• 2) No complaint shall lie after the expiry of two years after the
date of commission of any offence under this Chapter other than
that set forth in sub-section (1), and after the expiry of six
months after the date of release of the concerned person from
such offence in the case of any of the offences under Sections
211 and 212.