Despite the fact that Indian laws ban abduction and kidnapping, more than 100,000 kidnapping and abduction incidents have been reported in India since 2005. People have continued to take advantage of children’ vulnerable age to abduct, exploit, and compel them to commit heinous actions. Such offences are an affront to citizens’ rights and freedom, and they must be avoided. These offences are punishable under sections 359 to 374 of the Indian Penal Code, 1860. In this essay, we will go over these laws in depth, including the definitions of kidnapping and abduction, the differences between the two, and the rules relating to forced labour and slavery.
Kidnapping is defined as the unlawful removal of a person from their home by force, coercion, or deception. Kidnappings are typically carried out for monetary gain, political gain, or other reasons. Section 359 of the Indian Penal Code divides kidnapping into two types, with definitions in Sections 360 and 361.
Kidnapping can take two forms, according to Section 359 of the Indian Penal Code:
- Kidnappings from India
- Kidnappings from legal guardianship
INDIA BASED KIDNAPPING
Kidnappings from India are discussed in Section 360. The offence of abduction from India is committed, according to section 360, whenever someone transports a person beyond the borders of India without their consent or the consent of someone legally authorised to provide it on their behalf.
KIDNAPPING A CHILD FROM LEGAL GUARDIAN
Kidnapping from legitimate guardianship is explained in Section 361. A person commits the offence of abduction from lawful guardianship if he or she removes a minor (i.e., a boy under the age of 16 years and a female under the age of 18 years) or a person of unsound mind away from his or her lawful guardian without the guardian’s agreement.
PUNISHMENT FOR KIDNAPPING
Both types of kidnapping are punishable under Section 363 of the Indian Penal Code (Kidnapping from India and Kidnapping from lawful guardianship).The following is the penalty outlined in this section:
Fine and imprisonment of either type, which can last up to seven years.
Abduction is defined under Section 362 of the Indian Penal Code. It states that whenever a person forces or encourages another person to leave a certain location, the offence of abduction has been committed.
ABDUCTION OR KIDNAPPING TO MURDER
According to Section 364 of the Indian Penal Code, if a person is kidnapped or abducted with the intent or knowledge that the person will be murdered or put in danger of being murdered, the person will be punished with life imprisonment or rigorous imprisonment for a term up to ten years, as well as a fine.
Illustration: ‘A’ abducts ‘B’ from his home and transports him to a forest against his will, knowing that ‘B’ will be sacrificed to a deity. ‘A’ is guilty of kidnapping for the purpose of murder.
KIDNAPPING FOR RANSOM
Section 364A of the Indian Penal Code punishes anyone who threatens to harm or kill someone he has kidnapped, abducted, or detained after kidnapping or abducting in order to compel the government, a foreign state, or another person to do or refrain from doing something or pay a certain amount of money. Section 364A IPC stipulates that the penalty is death or life imprisonment plus a fine.