Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme Court
3 years, 5 months ago

Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme Court

Live Law  

The Supreme Court has held that merely proving the kidnap of a person is not sufficient for conviction for the offfence of 'kidnapping for ransom' under Section 364A of the Indian Penal Code. Ingredients of Section 364A IPC The Court held that the essential ingredients to be proved by the prosecution for proving the offence under Section 364A IPC are as follows : Kidnapping or abduction of any person or keeping a person in detention after such kidnapping or abduction; and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person maybe put to death or hurt or; causes hurt or death to such person in order to compel the Government or any foreign State or any Governmental organization or any other person to do or abstain from doing any act or to pay a ransom. "Thus, for covering an offence under Section 364A,apart from fulfillment of first condition, the second condition, i.e., "and threatens to cause death or hurt to such person" also needs to be proved in case the case is not covered by subsequent clauses joined by "or"." In such circumstances, the Supreme Court concluded that second condition of Section 364A IPC was not proved in the case.

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History of this topic

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 1 week ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

Court Convicts Man for Kidnapping and Forcing Minors to Beg
1 month, 4 weeks ago

Court Convicts Man for Kidnapping and Forcing Minors to Beg

Deccan Chronicle  

A Delhi court has convicted a man for kidnapping a 11-year-old girl. The court found that there was no reason to disbelieve the testimony of the prosecution witnesses, who claimed that the accused kidnapped the girl to force her into begging. The court convicted the accused of kidnapping and sentenced him to 10 years in prison.

Delhi court sentences man to 12-year jail in minor’s sexual assault case
3 months, 3 weeks ago

Delhi court sentences man to 12-year jail in minor’s sexual assault case

The Hindu  

A New Delhi Court has sentenced a man to 12 years of imprisonment for kidnapping and sexually assaulting a six-year-old girl in 2020. It also awarded ₹7.5 lakh as compensation to the victim, saying the purpose of the criminal justice system is not only to attain catharsis by handing down proportional punishment but also to rehabilitate the victim. “In the …

Kidnapping | AP High Court Pulls Investigating Agency For Failure To Prove Alleged Ransom, Says It's An Essential Element Of S.364A IPC
7 months, 3 weeks ago

Kidnapping | AP High Court Pulls Investigating Agency For Failure To Prove Alleged Ransom, Says It's An Essential Element Of S.364A IPC

Live Law  

The Andhra Pradesh High Court has reiterated that when an offense is alleged under section 346A of the Indian Penal Code, the prosecution needs to prove two aspects, i.e., the act of kidnapping and threat of hurt or death to compel the kidnapped person or any person to make ransom; and in the absence of either it cannot be said …

Man gets life term for kidnapping ex-employer’s son
9 months, 1 week ago

Man gets life term for kidnapping ex-employer’s son

Hindustan Times  

MUMBAI: The sessions court on Thursday sentenced a 32-year-old man to life imprisonment for kidnapping his ex-employer’s 11-year-old son from Khetwadi in 2016 and threatening to kill the child if he was not paid ₹5 lakh. HT Image “On evaluating the whole attending circumstances and the unfortunate factual niceties, this court is of the view that the proved offence against …

Imprisonment At Trial Stage Cannot Be Prolonged Only For Teaching Accused A Lesson: Delhi High Court Grants Bail To Accused In Kidnapping Case
1 year, 6 months ago

Imprisonment At Trial Stage Cannot Be Prolonged Only For Teaching Accused A Lesson: Delhi High Court Grants Bail To Accused In Kidnapping Case

Live Law  

Granting bail to an accused in a case of kidnapping for ransom after a custody of almost two years and nine months, the Delhi High Court said that at the stage of the trial, imprisonment cannot be prolonged only for the purpose of teaching the accused a lesson. The case of the prosecution and the defense of the accused persons …

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
2 years, 11 months ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court
3 years, 9 months ago

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court

Live Law  

Factors which may not be relevant to determine the guilt of the accused can be considered at the stage of sentencing, the Supreme Court observed.In this case, the accused were convicted under Sections 344 and 366 of the Indian Penal Code for allegedly conspiring with the other accused to kidnap a minor girl. Factors which may not be relevant to …

Minor Girl's Infatuation with Kidnapper Can't Be Allowed as Defence: Supreme Court
3 years, 11 months ago

Minor Girl's Infatuation with Kidnapper Can't Be Allowed as Defence: Supreme Court

News 18  

A minor girl's infatuation with her alleged kidnapper cannot by itself be allowed as a defence as it would amount to surreptitiously undermining the protective essence of offence of kidnapping, the Supreme Court has said. The apex court, which upheld the conviction of a man for kidnapping a minor girl in 1998, said his contention of consensual affair and that …

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