KIDNAPPING

Legal framework for kidnapping and ransom

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Introduction

According to the criminal law of India, kidnapping is a confinement of a person or an individual against their will for some amount of money in return for their release. Kidnapping is a crime that consists of several parts it. It consists of unlawful taking of a person by force, fraud or by unlawful detention of an individual. The main objective of the kidnapper is to either expose the person or to receive ransom for his safety and release. However, kidnapping has become a purpose for obtaining a good amount of money from the kidnappers and also is being used by terrorists demanding for concessions from the Government. In most countries, it is considered a grave and punishable offence with long term imprisonment or death. Earlier kidnapping was Meant for taking away the individual to another country for labouring purposes against their will. Abduction of woman and selling them to other individuals for the purpose of prosecution has also been defined as a form of kidnapping by criminal law.

Laws of kidnapping in India

Section 359-363 of the Indian Penal Code, 1860 deals with the offence of kidnapping. It states that it is a wrongful confining of a person For the purpose of ransom against his or her will. The word kidnapping literally means “child – stealing “. According to section 359 of Indian Penal Code, 1860 kidnapping is of 2 types, “ kidnapping from India ” and “ kidnapping from lawful guardianship ”. Section 360 of the act deals with kidnapping from India with states that Whosoever takes away the person Without their consent beyond the limits of India is said to commit kidnapping of that person From India. Whereas section 361 of Indian Penal Code defines kidnapping from lawful guardianship. Section 361 of the act states that whosoever takes away any minor under 16 years of age for a male and 18 years of age for a female or any Person of unsound mind Without the consent of the Guardian Is said to commit kidnapping of minor or that person from lawful guardianship. Section 363 of Indian Penal Code describes the punishment for kidnapping. It states that whosoever commits kidnapping of a person or minor from India or from lawful guardianship, Then he shall be punished with imprisonment which makes tend to 7 years and also shall be punishable by fine.

History

Kidnapping is false imprisonment of a person or a minor for ransom or injury. During the colonial days kidnapping was just been punishable by fine or some other public punishments. During that time there were no special category of punishments when the victims were minors. after this. Many countries formed kidnapping laws for the same. Kidnappers used to target children more often because they were easier target and the amount of ransom asked by the kidnappers was higher. children were been murdered even after ransom was been paid to the kidnappers . There was a increase in highly publicized cases of kidnapping and murders. As a result many laws were passed and penalties were been imposed for these crimes against children and people.

This blog is written by Sarthak Batra, Fairfield Institute of Management & Technology.

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