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Each of them is separately provided in IPC. So here, a person conveying is crossing the boundaries of the nation, it is said to be kidnapping from India. The person kidnapping must go beyond the limits of India to be held convicted under this section. Further, it is not mandatory that they reach their destined location in foreign territory for conviction.
And if a person is caught hold before crossing the boundary, then that will not lead to the conviction under this section but will be treated as an attempt to commit the kidnapping from India. To know what constitutes India, the penal code has defined the same under section It includes the territory of India, excluding the state of Jammu and Kashmir. But as the article has been abrogated, the laws of IPC, CrPC and other central laws would be applicable upon the state too.
This act of taking or kidnapping a person away from the territory of India is made a separate offence as it would be forceful removal of a person beyond the jurisdiction of India, and Indian law enforcing officials. It requires that such acts must be done without the consent of the person who is being kidnapped or of the guardian who is lawfully authorised to give consent.
This means this section is applicable to both minors as well as legally major people. Section , defines the offence of kidnapping from lawful guardianship. This section is mainly applicable to those who are not legally authorised to consent on their own. That is the person being kidnapped must be minor or as per the age requirement provided in the section itself. If the above essentials are fulfilled the person can be made convicted under this section for kidnapping from the lawful guardianship.
As the definition of both the words taking and enticing has not been defined under the code. The word taking does not mean a forceful act. It implies no active or constructive force. Further, the consent of a child is not valid.
However, the force is not an issue, and there must be some overt act done by the accused to take or to persuade the minor or unsound minded person to go along with the accused or be taken away by the accused.
The law requires there must be a successful inducement for the purpose of conviction under this section. In the case of S Varadarajan v. She got married to the accused at a registered office. The court found that there was no active role played by the accused to persuade her to leave the house. This was the core of the conviction; then the court was satisfied that such an act was not an offence under section To understand the above ruling, it can be compared to another case which is State of Haryana v.
In this case, there was a minor who was 14 years old, met a person accused and became friendly to him. The father of the victim had warned him not to talk to her daughter. But the accused used the third person to talk to her, persuading her to leave her home and meet him.
When she met him, he seduced her and had committed rape as she was a minor. When the supreme court was put with a question as to whether this would amount to kidnapping from the lawful guardianship, the court replied yes.
It stated that the section does not require any force or fraud to be committed. Kidnapping is the taking away of a person by force, threat, or deceit, with intent to cause him or her to be detained against his or her will. Kidnapping may be done for ransom or for political or other purposes.
Abduction is the criminal taking away a person by persuasion, by fraud, or by open force or violence. Although, abduction and kidnapping were considered separate and independent crimes, they are not always mutually exclusive. However, both the terms refer to the unlawful taking or detention of one person by another. Abduction is the unlawful interference with a family relationship, such as the taking of a child from its parent, irrespective of whether the person abducted consents or not. Kidnapping is the taking or detention of a person against his or her will and without lawful authority.
Defendants, however, will receive harsher punishments if the victim is under 14 years of age in a kidnapping. He can help you build a case that will keep you from facing the penalties of these charges.
Contact him now! Website by Dan Gilroy Design. Call Email. Request A Consultation. Kidnapping In the most basic sense, kidnapping means taking another person against their will to an undisclosed location.
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