CRIMINAL LAW IN INDIA
Criminal law in India, particularly focusing on the topics of kidnapping and abduction. It covers definitions, meanings, essentials, case laws, and conclusions related to these crimes. Sections such as 359 and 361 of the Indian Penal Code are explored, along with the penalties associated with kidnapping under Section 363. The importance of protecting minors and individuals of unsound mind is highlighted throughout the discussion.
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Presentation Transcript
CRIMINAL LAW IN INDIA BY KHODA MEENA FACULTY OF LEGAL STUDIES ARUNACHAL UNIVERSITY OF STUDIES NAMSAI
TOPIC KIDNAPPING AND ABDUCTION
INTRODUCTION DEFINITION MEANING ESSENTIAL OF KIDNAPPING AND ABDUCTION OBJECT CASE LAWS CONCLUSION
Section 359 kidnapping Kidnapping is of two kinds kidnapping from India and kidnapping from lawful guardianship. The literal meaning of kidnapping is child stealing. Section 360 kidnapping from India- Conveying of any person beyond the limits India Such conveying must be without the consent of that person.
Section 361- kidnapping from lawful guardian Whoever takes or entices any minor under 16 years of age if a male or under 18 years of age if a female or any person unsound mind out of the keeping of the lawful guardian of such minor or person of unsound mind without the consent to such guardian is said to kidnap such minor of person from lawful guardian
Object The provision of this and subsequent section under this head are intended more for the protection of the minors and the person and the person of unsound mind themselves than for the right o guardian an of such person Essential of kidnapping Taking and enticing away minor or a person of unsound mind
Such minor must be under 16 if male and 18 if female. The taking and enticing must be out of the keeping of the lawful guardian of such minor or person of unsound mind. The taking or enticing must also be without the consentof the guardian
Section 363 punishment for kidnapping it may extent to 7 years and also be liable to fine Section 363 A punishment for kidnapping or maiming a minor for purpose of begging it may extents to 10 years and fine.
T.D.Vadgama v State of Gujarat- Supreme Court has elaborately commented on the meaning of the word enticing. Charged for kidnapping a minor girl . Below the age of 15 years from lawful guardian of her father Liable or enticing Bidyadhar Naik v State of Orissa
Abduction Section 362 defineabduction Whoever by force compels, or by any deceitful mean s induces any person to go from any place is said to abducted that person Essential of abduction Forcibly compulsion or inducement by deceitful means The object of such compulsion or inducement must be the going of a person form any place
