133094682 Kidnapping and Abduction in IPC

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Kidnapping and Abduction

CRIMINAL LAW

FACULTY OF LAW

JAMIA MILLIA ISLAMIA

SUBMITTED BY

Farhan Ghazi

B. A. LL.B. (Hons.)

Class: 2nd yr

SUBMITTED TO

M!"# Ro"$ %$!g&$"$

INDIANPENALCODEPROJECT SUBMISSION Page 1



Table of Contents

1. Introduction 1

2. Kidnapping 2

3. Abduction 9

4. Difference between kidnapping and abduction 11

5. Aggravated forms of kidnapping and abduction 12

. !"aver# and $orced %abour 32

&. '(e Immora" 'raffic )prevention* Act+ 195 33

,. !tatistics 3

9. -onc"usion 39

1. /ib"iograp(# 4



BACKGROUND

-rimina" "aw is a bod# of ru"es and statutes t(at defines conduct pro(ibited b# t(e

state because it t(reatens and (arms pub"ic safet# and we"fare and t(at estab"is(es

punis(ment to be imposed for t(e commission of suc( acts. -rimina" "aw differs

from civi" "aw+ w(ose emp(asis is more on dispute reso"ution t(an in punis(ment.

'(e term crimina" "aw genera""# refers to substantive crimina" "aws. !ubstantive

crimina" "aws define crimes and prescribe punis(ments. In contrast+ -rimina"

0rocedure describes t(e process t(roug( w(ic( t(e crimina" "aws are enforced.

$or eamp"e+ t(e "aw pro(ibiting murder is a substantive crimina" "aw. '(e

manner in w(ic( state enforces t(is substantive "awt(roug( t(e gat(ering of

evidence and prosecutionis genera""# considered a procedura" matter.

II. History: '(e first civi"iations genera""# did not distinguis( between civi" "aw

and

crimina" "aw. '(e first written codes of "aw were designed b# t(e !umerians

around 2125 /-. Anot(er important ear"# code was t(e -ode ammurabi+

w(ic( formed t(e core of /ab#"onian "aw. '(ese ear"# "ega" codes did not

separate pena" and civi" "aws. 6f t(e ear"# crimina" "aws of Ancient 7reece on"#

fragments survive+ e.g. t(ose of !o"on and Draco.

After t(e reviva" of 8oman "aw in t(e 12t( centur#+ sit(centur# 8oman

c"assifications and urisprudence provided t(e foundations of t(e distinction

between crimina" and civi" "aw in :uropean "aw from t(en unti" t(e present time.



'(e first signs of t(e modern distinction between crimes and civi" matters

emerged during t(e ;orman invasion of :ng"and. '(e specia" notion of crimina"

pena"t#+ at "east concerning :urope+ arose in !panis( %ate !co"asticism+ w(en t(e

t(eo"ogica" notion of 7od<s pena"t# )poena aeterna* t(at was inf"icted so"e"# for agui"t# mind+ became transfused into canon "aw first and+ fina""#+ to secu"ar

crimina" "aw. '(e deve"opment of t(e state dispensing ustice in a court c"ear"#

emerged in t(e eig(teent( centur# w(en :uropean countries began maintaining

po"ice services. $rom t(is point+ crimina" "aw (ad forma"ied t(e mec(anisms for

enforcement+ w(ic( a""owed for its deve"opment as a discernib"e entit#.

-rimina" "aw governs crimes+ inc"uding fe"onies and misdemeanors. -rimes are

genera""# referred to as offenses against t(e state. '(e standard of proof for

crimes is =be#ond a reasonab"e doubt.= $or information on particu"ar crimes or

issues surrounding t(e crimina" "aw+ p"ease se"ect from one of t(e topics be"ow.

-rimina" "aw in India means offenses against t(e state+ it inc"udes fe"onies and

misdemeanors. '(e standard of proof for crimes is =be#ond a reasonab"e doubt.=

-rimina" "aw is governed b# Indian pena" -ode+ -rpc+ evicence Act etc.

A bod# of ru"es and statutes t(at defines conduct pro(ibited b# t(e government

because it t(reatens and (arms pub"ic safet# and we"fare and t(at estab"is(es

punis(ment to be imposed for t(e commission of suc( acts.

'(e term crimina" "aw means crimes t(at ma# estab"is( punis(ments. In contrast+

-rimina" 0rocedure describes t(e process t(roug( w(ic( t(e crimina" "aws are

enforced. $or eamp"e+ t(e "aw pro(ibiting murder is a substantive crimina" "aw.

'(e manner in w(ic( government enforces t(is substantive "aw t(roug( t(e

gat(ering of evidence and prosecution is genera""# considered a procedura"

matter.



-rimes are usua""# categoried as fe"onies or misdemeanors based on t(eir nature

and t(e maimum punis(ment t(at can be imposed. A fe"on# invo"ves serious

misconduct t(at is punis(ab"e b# deat( or b# imprisonment for more t(an one#ear. >ost state crimina" "aws subdivide fe"onies into different c"asses wit(

var#ing degrees of punis(ment. -rimes t(at do not amount to fe"onies are

misdemeanors or vio"ations. A misdemeanor is misconduct for w(ic( t(e "aw

prescribes punis(ment of no more t(an one #ear in prison. %esser offenses+ suc(

as traffic and parking infractions+ are often ca""ed vio"ations and are considered a

part of crimina" "aw.

III. Definition Of Crime: >an# urists (ave defined crime in t(eir own wa#s

some of w(ic( are as under. it is ver# difficu"t to give a correct and

precise definition of crime+ 7"anvi""e ?i""iams+ admitted t(e impossibi"it# of

(aving a workab"e content based definition of crime+ points out t(at t(e definition

of crime is one of t(e s(arp inte""ectua" prob"em of "aw.

%ikewise Russell a"so admitted t(at @ to define crime is a task w(ic( so far (asnot been satisfactori"# accomp"is(ed b# an# writer.

!uc( a difficu"t# in u"timate ana"#sis arises due to t(e c(anging nature of crime+

an outcome of eua""# d#namic crimina" and pena" po"ic# of a state.

owever some socio"ogists+ perceiving crime as a socia" p(enomenon fee" t(at

crimina" "aw in a sense+ protects certain socia" interests+ and an# act w(ic(

t(reatens or poses t(reat to t(is interests is define as crime.

In genera" terms crime is defined as an act punis(ab"e b# "aw as forbidden b#

statue or inurious to t(e pub"ic we"fare. It is ver# wide definition+ an# t(ing

w(ic( is inurious to pub"ic we"fare is crime+ in modern comp"e societ# t(ere are



man# t(ings w(ic( are inurious or against t(e pub"ic we"fare for eamp"e se""ing

contaminated food mo"estation of #oung c(i"dren+ etc.

B Blackstone defined crime as an act committed or omitted in vio"ation of a

pub"ic "aw eit(er forbidding or commanding it.

B Ste!en observed a crime is a vio"ation of a rig(t considered in reference to t(e

evi" tendenc# of suc( vio"ation as regards t(e communit# at "arge.

B O"for# Dictionary defines crime as an act punis(ab"e b# "aw as forbidden b#

statute or inurious to t(e pub"ic we"fare.

IC. $un#amental %lements Of Crime: '(ere are four e"ements w(ic( go to

constitute a crime+ t(ese are

B uman being

B >ens rea or gui"t# intention

B Actus reus or i""ega" act or omission

B Inur# to anot(er (uman being

Human Bein&' '(e first e"ement reuires t(at t(e wrongfu" act must be

committed b# a (uman being. In ancient times+ w(en crimina" "aw was "arge"#

dominated b# t(e idea of retribution+ punis(ments were inf"icted on anima"s a"so

for t(e inur# caused b# t(em+ for eamp"e+ a pig was burnt in 0aris for (aving

devoured a c(i"d+ a (orse was ki""ed for (aving kicked a man. /ut now+ if an

anima" causes an inur# we (o"d not t(e anima" "iab"e but its owner "iab"e for suc(

inur#.

!o t(e first e"ement of crime is a (uman being w(o must be under t(e "ega"

ob"igation to act in a particu"ar manner and s(ou"d be a fit subect for awarding

appropriate punis(ment.



!ection 11 of t(e Indian 0ena" -ode provides t(at word EpersonF inc"udes a

compan# or association or bod# of persons w(et(er incorporated or not. '(e

word EpersonF inc"udes artificia" or uridica" persons.

(ens Rea' '(e second important essentia" e"ement of a crime is mens rea or evi"

intent or gui"t# mind. '(ere can be no crime of an# nature wit(out mens rea or an

evi" mind. :ver# crime reuires a menta" e"ement and t(at is considered as t(e

fundamenta" princip"e of crimina" "iabi"it#. '(e basic reuirement of t(e princip"e

mens rea is t(at t(e accused must (ave been aware of t(ose e"ements in (is act

w(ic( make t(e crime wit( w(ic( (e is c(arged.

'(ere is a we"" known maim in t(is regard+ i.e. Gactus non facit reum nisi mens

sit reaH w(ic( means t(at+ t(e gui"t# intention and gui"t# act toget(er constitute a

crime. It comes from t(e maim t(at no person can be punis(ed in a proceeding

of crimina" nature un"ess it can be s(owed t(at (e (ad a gui"t# mind.

Actus Reus )Guilty Act Or Omission* ' '(e t(ird essentia" e"ement of a crime is

actus reus. In ot(er words+ some overt act or i""ega" omission must take p"ace in

pursuance of t(e gui"t# intention. Actus reus is t(e manifestation of mens rea in

t(e eterna" wor"d. 0rof. Kenn# was t(e first writer to use t(e term Eactus reusF.

e (as defined t(e term t(us Gsuc( resu"t of (uman conduct as t(e "aw seeks to

preventH.

+n,ury' '(e fourt( reuirement of a crime is inur# to anot(er person or to t(e

societ# at "arge. '(e inur# s(ou"d be i""ega""# caused to an# person in bod#+

mind+ reputation or propert# as according to !ection 44 of I0-+ 1, t(e inur#

denotes an# (arm w(atever i""ega""# caused to an# person in bod#+ mind+

reputation or propert#.



C. Sta&es Of A Crime If a person commits a crime vo"untari"# or after

preparation t(e doing of it invo"ves four different stages. In ever# crime+ t(ere is

first intention to commit it+ second"#+ preparation to commit it+ t(ird"#+ attempt tocommit it and fourt("# t(e accomp"is(ment. '(e stages can be ep"ained as

under

1. +ntention' Intention is t(e first stage in t(e commission of an offence and

known as menta" stage. Intention is t(e direction of conduct towards t(e obect

c(osen upon considering t(e motives w(ic( suggest t(e c(oice. /ut t(e "aw does

not take notice of an intention+ mere intention to commit an offence not fo""owed

b# an# act+ cannot constitute an offence. '(e obvious reason for not prosecuting

t(e accused at t(is stage is t(at it is ver# difficu"t for t(e prosecution to prove t(e

gui"t# mind of a person.

2. -rearation' 0reparation is t(e second stage in t(e commission of a crime. It

means to arrange t(e necessar# measures for t(e commission of t(e intended

crimina" act. Intention a"one or t(e intention fo""owed b# a preparation is not

enoug( to constitute t(e crime. 0reparation (as not been made punis(ab"e because

in most of t(e cases t(e prosecution (as fai"ed to prove t(at t(e preparations in t(e

uestion were made for t(e commission of t(e particu"ar crime.

If A purc(ases a pisto" and keeps t(e same in (is pocket du"# "oaded in order to

ki"" (is bitter enem# /+ but does not(ing more. A (as not committed an# offence

as sti"" (e is at t(e stage of preparation and it wi"" be impossib"e for t(e

prosecution to prove t(at A was carr#ing t(e "oaded pisto" on"# for t(e purpose of

ki""ing /.

-rearation .!en -unis!able' 7enera""#+ preparation to commit an# offence is



not punis(ab"e but in some eceptiona" cases preparation is punis(ab"e+ fo""owing

are some eamp"es of suc( eceptiona" circumstances

B 0reparation to wage war against t(e 7overnment !ection 122+ I0- 1,

B 0reparation to commit depredation on territories of a power at peace wit(

7overnment of India !ection 12+ I0- 1,

B 0reparation to commit dacoit# !ection 399+ I0- 1,

B 0reparation for counterfeiting of coins or 7overnment stamps !ections 233

235+ !. 255 and !. 25&

B 0ossessing counterfeit coins+ fa"se weig(t or measurement and forged

documents. >ere possession of t(ese is a crime and no possessor can p"ead t(at

(e is sti"" at t(e stage of preparation !ections 242+ 243+ 259+ 2 and 4&4.

3. Attemt' Attempt is t(e direct movement towards t(e commission of a crime

after t(e preparation is made. According to :ng"is( "aw+ a person ma# be gui"t# of

an attempt to commit an offence if (e does an act w(ic( is more t(an mere"#

preparator# to t(e commission of t(e offence and a person wi"" be gui"t# of

attempting to commit an offence even t(oug( t(e facts are suc( t(at t(e

commission of t(e offence is impossib"e. '(ere are t(ree essentia"s of an

attempt

B 7ui"t# intention to commit an offence

B !ome act done towards t(e commission of t(e offence



B '(e act must fa"" s(ort of t(e comp"eted offence.

Attemt Un#er T!e +n#ian -enal Co#e/ 0123' '(e Indian 0ena" -ode (as dea"t

wit( attempt in t(e fo""owing four different wa#sB -omp"eted offences and attempts (ave been dea"t wit( in t(e same section and

same punis(ment is prescribed for bot(. !uc( provisions are contained in

!ections 121+ 124+ 124A+ 125+ 13+ 131+ 152+ 153A+ 11+ 12+ 13+ 15+ 19+

19,+ 2+ 213+ 24+ 241+ 251+ 3,5+ 3,&+ 3,9+ 391+ 394+ 395+ 39&+ 459 and 4.

B !econd"#+ attempts to commit offences and commission of specific offences

(ave been dea"t wit( separate"# and separate punis(ments (ave been provided for

attempt to commit suc( offences from t(ose of t(e offences committed. :amp"es

are murder is punis(ed under section 32 and attempt to murder to murder under

section 3& cu"pab"e (omicide is punis(ed under section 34 and attempt to

commit cu"pab"e (omicide under section 3, 8obber# is punis(ed under section

392 and attempt to commit robber# under section 393.

B '(ird"#+ attempt to commit suicide is punis(ed under section 39

B $ourt("#+ a"" ot(er cases Jw(ere no specific provisions regarding attempt are

made are covered under section 511 w(ic( provides t(at t(e accused s(a"" be

punis(ed wit( one(a"f of t(e "ongest term of imprisonment provided for t(e

offence or wit( prescribed fine or wit( bot(.

4. Accomlis!ment Or Comletion' '(e "ast stage in t(e commission of an

offence is its accomp"is(ment or comp"etion. If t(e accused succeeds in (is

attempt to commit t(e crime+ (e wi"" be gui"t# of t(e comp"ete offence and if (is

attempt is unsuccessfu" (e wi"" be gui"t# of an attempt on"#. $or eamp"e+ A fires



at / wit( t(e intention to ki"" (im+ if / dies+ A wi"" be gui"t# for committing t(e

offence of murder and if / is on"# inured+ it wi"" be a case of attempt to murder.

+ND+AN -%NA4 COD% ' AN +NTRODUCT+ON

05 Title

)a* It consists of t(ree words+ name"#

Indian

0ena"

-ode

)b* 6ut of t(ese t(ree+ t(e ke# word is =code=.

Co#e

It is s#stematic+ comp"ete+ written co""ection of a bod# of "aws+ arranged

met(odica""# in a co(erent manner. A -ode is t(e end product of codification.

-odification is a process w(ic( consists of compi"ation arrangement+

s#stemisation and promu"gation of a bod# of "aws b# t(e aut(orit# competent to

do so.



%"amles

)i* -ode of >enu

)ii* -ode of ;apo"eon )iii* -ode of Lustinian

)iv* indu -ode

)v* Indian 0ena" -ode

)vi* -rimina" 0rocedure -ode

)vii* -ivi" 0rocedure -ode

Co#ification its a#6anta&es

)i* !imp"icit#

)ii* !#mmetr#

)iii* Inte""igibi"it#

)iv* %ogica" co(erence

)v* -ertaint#

-enal

It is an adective. It ua"ifies t(e noun =code=. It means =re"ating to punis(ment=.

Indian 0ena" -ode is a pena" statute+ because it not on"# defines offences but a"so

prescribes punis(ments for commission of suc( offences.

7+n#ian7

'(e term =Indian= signifies t(at it is t(e pena" code for India. '(e preamb"e

indicates t(at t(e I.0.-. was enacted to provide a 7enera" 0ena" -ode for India.

85 Historical Back&roun#



'(e #ear 1,33 was ver# crucia" in t(e (istor# of deve"opment of "aw in

/ritis( India.'(e -(arter Act of 1,33 was passed b# t(e /ritis( par"iament

wit( a view to faci"itating codification of Indian %aws. '(e -(arter Act of

1,33

• estab"is(ed an A"" India %egis"ature name"# 7overnor

7enera" in -ounci"+ for t(e w(o"e of /ritis( India.

• created t(e office of %aw >ember in t(at -ounci".

• provided for t(e appointment of a %aw -ommission.

>r. './. >acau"a# was appointed to fi"" t(e office of t(e %aw >ember. In

0ursuance of t(e -(arter Act of 1,33+ t(e first %aw -ommission was set

up in 1,34. >r. >acau"a#+ "ater on %ord >acau"a#+ became its 0resident.

'(e first task assigned to t(e %aw -ommission was to prepare a draft

pena" code for India. A draft -ode was drawn up and submitted to t(e

7overnor7enera" in -ounci" on t(e 14t( 6ctober 1,3&. '(e draft was

t(en circu"ated to t(e Ludges and t(e %ega" Advisers of t(e crown for

e"iciting t(eir comments and views. It was t(ereafter revised t(oroug("#.

'(e bi"" so revised remained pigeon(o"ed for man# #ears. It was

u"timate"# passed and p"aced on t(e statute book on t(e t( 6ctober 1,.

95 +5-5C5 its nature

It is a codif#ing statute. It contains t(e genera" "aw of crimes in India. It is

a substantive "aw. '(e -ode of -rimina" 0rocedure is an adective "aw. It



is e(austive in respect of t(e matters covered b# it. It is a comp"ete -ode.

It "a#s down t(e genera" princip"es of crimina" "iabi"it#. It a"so

provides for genera" eceptions to crimina" "iabi"it#. It defines specific

offences and prescribes punis(ments t(erefore.

5 Sc!eme of t!e Co#e

)a* '(e -ode is broad"# divided into twent#t(ree -(apters.

)b* 'o be more precise+ t(e -ode at present contains 2 -(apters+ because

t(ree -(apters+ name"#+ CA+ IMA and MMA (ave been added

subseuent"#.

)c* :ac( -(apter is again subdivided into severa" !ections.

)d* :ac( !ection (as been given a numera" figure for distinguis(ing it from t(e

ot(ers.

)e* '(e "ast !ection of t(e I0- bears t(e number 511.

)f* '(at+ (owever+ does not imp"# t(at t(e I0- (as 511 !ections.

)g* >an# !ections (ave been added and severa" !ections (ave been omitted.

25 Arran&ement

)a* '(ere are two broad divisions of t(e -ode+ t(e# are

)i* 7enera" 0rincip"es and



)ii* !pecific offences.

)b* !pecific offences ma# be roug("# categorised under two (eads+ name"# )i*

offences against t(e !tate and t(e pub"ic and )ii* 6ffences against t(e person and t(e propert#.

)c* '(e genera" princip"es are embodied in -(apters I+ II+ III+ IC+ C+ CA and

MMIII as detai"ed be"ow

-(apter I 'it"e and etent of operation of t(e -ode.

-(apter II Definition of certain terms.

-(apter III 0unis(ments. )7enera"*

-(apter IC 7enera" :ceptions

-(apter C Abatement of offences

-(apter CA -rimina" conspirac#

-(apter MMIII -rimina" Attempts

;#< Secific offences

-(apter CI to 6ffences against t(e !tate and t(e pub"ic

-(apter MC

-(apter MCI 6ffences affecting (uman bod#.

-(apter MCII 6ffences against t(e properties

)-orporea" and Incorporea"*

-(apter MIM >isce""aneous offences to -(ap. MMII

=5 >uris#iction

)a* I0- (as two kinds of urisdiction+ name"#+



)i* Intraterritoria" )!ec.2*.

)ii* :traterritoria" )!ec.3 and 4*.

)b* If an# offence under t(e I0- is committed b# a person wit(in t(e territor#of India+ w(et(er Indian or foreigner+ (e is "iab"e to be prosecuted and

punis(ed b# t(e court in India (aving urisdiction.

)c* If an Indian commits an act of commission or omission outside India+

w(ic( is an offence under t(e I0-+ (e ma# sti"" be prosecuted and punis(ed

under t(e I0- b# a competent Indian -ourt+ even t(oug( t(e act ma# not

constitute an offence under t(e "aw of t(at "and.

)d* If an# offence under t(e I0- is committed on an# s(ip or aircraft+

registered in India+ t(e person committing it s(a"" be "iab"e to be dea"t wit(

under t(e I0- b# a competent Indian -ourt+ even t(oug( t(e s(ip or

aircraft+ at t(e time of commission of suc( offence (as remained outside

India.

;ote )i In t(is contet+ reference ma# be made to !ec.1,, of t(e -rimina"

0rocedure -ode.

)ii* A person can not (owever+ be prosecuted and punis(ed twice for

t(e same offence+ one under t(e I0- and t(e ot(er under t(e

$oreign %aw.



K+DNA--+NG/ ABDUCT+ON AND D+$$%R%NC% B%T.%%N

K+DNA--+NG ? ABDUCT+ON D+SCUSS%D .+TH R%C%NT CAS%

4A.S AND STAT+ST+CS

05 +NTRODUCT+ON

In t(e termino"og# of t(e common "aw in man# urisdictions )according to

Black@s 4a Dictionary*+ t(e crime of kidnapping is "abe"ed abduction w(en t(e

victim is a woman. In modern usage+ kidnapping or abduction of a c(i"d is often

ca""ed c(i"d stea"ing+ particu"ar"# w(en done not to co""ect a ransom+ but rat(er

wit( t(e intention of keeping t(e c(i"d permanent"# )often in a case w(ere t(e

c(i"dFs parents are divorced or "ega""# separated+ w(ereupon t(e parent w(o does

not (ave "ega" custod# wi"" commit t(e act t(en a"so known as Gc(i"d nappingH*.

The word “kidnapping” was originally “kid nabbing”, in other words slang for

“child stealing”, but is no longer restricted to the case of a child victim.1

1 (ttpNNwww.man.org.npNmdcampusNpptN1&KidnappingO2andO2etortion8anendraO2>an.ppt+



-(apter MCI of t(e Indian 0ena" -ode w(ic( dea"s wit( offences affecting

(uman deve"opment+ covers Kidnapping and Abduction.

05 Rele6ant Sections

)a* !ection 359 to !ection 39 I0- P 11 sections

)b* Additions 33A+ 34A+ 3A and 3/ I0- P 4 sections.

85 Broa# Structure

)i* !ection 359 two kinds of kidnapping+ name"#

)a* Kidnapping from India

)b* Kidnapping from "awfu" guardians(ip

)ii* !ection 3 Kidnapping from India Definition

)iii* !ection 31 Kidnapping from "awfu" guardians(ip Definition

)iv* !ection 32 Abduction Definition

)v* !ection 33 0unis(ment for Kidnapping

)vi* !ection 33AKidnapping or maiming for begging pena".

)vii* !ection 34A Kidnapping or abducting in order to murderpena".

)viii* !ection 34A Kidnapping or abducting for ransom etc. pena"

)>ost aggravated form*.

)i* !ection 35 Kidnapping or abducting wit( intent to confine

persons wrongfu""# and secret"# pena".

)* !ection 3 Kidnapping or abducting woman to compe" (er

marriage or to cause (er defi"ement pena".

)i* !ection 3& Kidnapping or abducting in order to subect person to

grievous (urt+ s"aver# etc. pena".



)ii* !ection 3, ?rongfu""# concea"ing or keeping in confinement a

Kidnapped or abducted person punis(ment same as prescribed for

kidnapping or abduction.

)iii* !ection 39 Kidnapping or abducting c(i"d under ten #ears wit(intent to stea" from (er person pena".

95 Ki#nain& from +n#ia

)a* Definition !ection 3 I0-

)b* 0ena" !ection 33 I0-

b )c* Ingredients

)i* 'o -onve# an# person

)ii* /e#ond t(e "imits of India

)iii* ?it(out t(e consent of t(at person or (isN(er guardian

)d* :p"anator# notes

)i* 'o conve# is to carr# from one p"ace to anot(er.

)ii* It s(ou"d be from a p"ace inside India to a p"ace outside

India.

)iii* 7uardian (ere means an# person "ega""# competent to given

consent on be(a"f of a minor or insane.

)iv* $or -onsent+ p"ease read !ection 9 I0-. -onsent given

under misrepresentation of fact is no consent.

)e* :amp"e

A took =?= a woman+ from India to -e#"on+ on t(e representation

t(at s(e wou"d be married to (is son =!=. After arriva" in -e#"on+

t(e promised marriage was not so"emnised. 6n t(e contrar#+ =?=



was emp"o#ed in a 'ea :state t(ere. A committed as offence as

defined uNs 3 I0-.

5 Ki#nain& from 4aful Guar#ians!i

)a* Definition !ection 31 I0-

)b* 0ena"

)i* 6rdinar# form )!ec. 33 I0-*

)ii* Aggravated forms !ec. 33A+ 34+ 34A+ 35+

3& and 39 I0-

)iii 0unis(ment for wrongfu""# concea"ing or confining

kidnapped person @ 3, I0-

)c* Ingredients of t(e offence of kidnapping from "awfu"

guardians(ip.

)i* 'aking or enticing awa#

)a* a minor if ma"e+ under 1

if fema"e+ under 1,

or

)b* a person of unsound mind

)ii* 6ut of t(e keeping of t(e "awfu" guardians(ip

)iii* ?it(out t(e -onsent of t(e guardian

)d* :p"anator# ;otes

)i* Kidnapping "itera""# means =c(i"d stea"ing=

)ii* 'o take is to cause to go+ to escort or to get into

possession

)iii* 'aking need not be b# force





050 C!il# Ab#uction

-(i"d abduction can refer to c(i"dren being taken awa# wit(out t(eir parentsF

consent+ but wit( t(e c(i"dFs consent. In :ng"and and ?a"es it is c(i"d abduction

to take awa# a c(i"d under t(e age of 1 wit(out parenta" consent. Abduction is

t(e crime in :ng"is( "aw of taking a* a gir" under 1 from possession of (er

parent+ or guardian+ or b* a gir" of 1, or defective woman of an# age from suc(

possession of un"awfu" seua" intercourse+ or c* a gir" under 21 to marr# or (ave

seua" intercourse+ or d* taking awa# and detaining an# woman wit( t(e intention

t(at s(e s(a"" marr# or (ave un"awfu" seua" intercourse wit( a person+ b# force+

or for t(e sake of (er propert#. Abduction or kidnapping an# c(i"d is a"so an

offence. Abduction of voters is a"so a crimina" act.2

0585 Ki#nain&

Kidnapping+ according to .alker/3 is t(e common name for t(e common "aw

offence of carr#ing awa#+ or secreting+ of an# person against (is wi""+ or against

t(e wi"" of (is "awfu" guardians. It ma# be constituted b# fa"se imprisonment+

w(ic( is tota" restraint of a person and (is confinement wit(out "awfu" aut(orit#

or ustification.

0595 Ten Con#itions/ Of Ki#nain& +n +-C:

India (as compre(ensive "egis"ation to counter kidnapping+ wit( t(e Indian 0ena"

-ode out"ining 1 specific offences re"ated to t(e purpose of t(e kidnapping.

'(ese are

• Kidnapping a minor for purposes of begging

• Kidnapping in order to murder

2 ?a"ker+ G6ford -ompanion to %awH+ 6ford 0ub"ications+ ;ew De"(i+ 2t( :dition+ 19,+ pg. &13 Ibid+ pg.3



• Kidnapping for ransom

• Kidnapping wit( t(e intent to secret"# and wrongfu""# confine a person

• Kidnapping a woman to compe" (er into marriage

• '(e importation of a gir" from a foreign countr#

• Kidnapping in order to subect a person to grievous (arm+ inc"uding

s"aver# kidnapping a c(i"d under 1 #ears o"d

• !tea"ing or bu#ing a minor for t(e purpose of prostitution. 4

85 K+DNA--+NG

>eaning of kidnapping in t(e "oca" "anguage inc"ude t(e abduction as s#non#m

but t(e rea" difference in t(e understanding is fo""owing850 Section 9:

Kidnapping: Ki#nain& is of to kin#s: ki#nain& from +n#ia/ an#

ki#nain& from laful &uar#ians!i5

'(e "itera" meaning of kidnapping is c(i"d stea"ing.

'(e draftsmen of t(e code said

Gthe crime of kidnapping consists, according to our definition of it, in conveying

a person without his consent or the consent of some person legally authorized to

consent on his behalf, or with such consent obtained by deception, out of the

protection of the law, or of those whom the law has appointed his guardians.H

G'(is offence ma# be committed on a c(i"d b# removing t(at c(i"d out of t(e

keeping of its "awfu" guardian or guardians. 6n a grownup man it can be

committed on"# b# conve#ing (im be#ond t(e "imits of t(e -ompan#Fs territories+

or b# receiving (im on board of a s(ip for t(at purpose.H

4 (ttpNNwww.man.org.npNmdcampusNpptN1&KidnappingO2andO2etortion8anendraO2>an.ppt.+





2* "eyond the limits of India! t(ese words in t(e section indicate t(at for an

offence under it must be to some foreign territor#.

3* Without the consent of that person or of some person legally authorized to

consent on behalf of that person! A consent given under amisappre(ension of fact+ is not true consent.,

859 Section 920:

Kidnapping from lawful guardianship: Whoever takes or entices any minor

under si#teen years of age if a male, or under eighteen years of age if a female,

or any person of unsound mind, out of the keeping of the lawful guardian of such

minor or person of unsound mind, without the consent of such guardian, is said

to kidnap such minor or person from lawful guardianship

'(e offence under t(is section ma# be committed in respect of eit(er a minor or a

person of unsound mind. 'o kidnap a grownup person+ t(erefore wou"d not

amount to an offence under it.9

'(e ob,ect of t(is section is at "east as muc( to protect c(i"dren of tender age

from being abducted or seduced for improper purposes+ as for t(e protection of

t(e rig(ts of parents and guardians (aving t(e "awfu" c(arge or custod# of minors

or insane persons.

+n&re#ients '(is section (as four main essentia"s1

1. 'aking or enticing awa# a minor person or a person of unsound mind.

, K.K !ing( and 8./agga+ GIndian 0ena" -odeH+ '(e %aw /ook -ompan#+ A""a(abad+ 2nd edition+ 1994+ pg.3.

9 8atan"a" D(ira%a"+ GIndian 0ena" -odeH+ %eis;eis /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 24 :dition* 2,+ pg. 49.1 $estated in "iswanath %allick v. &tate of 'rissa+ 1995 -r% 141 )6ri*.



2. !uc( minor must be under t(e age of siteen #ears+ if ma"e+ or under t(e age

of eig(teen #ears+ if a fema"e.

3. '(e taking awa# or enticing must be out of t(e keeping of t(e "awfu"

guardian of suc( minor or person of unsound mind.4. !uc( enticing awa# must be wit(out t(e consent of t(e "awfu" guardian.

'(e taking need not be b# force+ actua" or constructive+ and it is immateria"

w(et(er t(e gir" consents or not. '(ere must be a taking of t(e c(i"d out of t(e

possession of t(e parent. If a c(i"d "eaves its parentFs (ouse for a particu"ar

purpose wit( t(eir consent+ it cannot be said to be out of t(e parentFs keeping. 11

'(e offence of kidnapping from "awfu" guardians(ip is comp"ete w(en t(e minor

is actua""# taken from "awfu" guardians(ip it is not an offence continuing so "ong

as t(e minor is kept out of suc( guardians(ip. In determining w(et(er a person

takes a minor out of t(e "awfu" guardian+ t(e distance to w(ic( t(e minor is taken

awa# is immateria". '(e act of taking is not+ in t(e proper sense of t(e term+ a

continuous act w(en once t(e bo# or gir" (as been actua""# taken out of t(e

keeping+ t(e act is a comp"eted one. If continuous+ it wou"d be difficu"t to sa#

w(en t(e continuous taking ceased it cou"d on"# be w(en t(e bo# or gir" was

actua""# restored to t(e keeping of t(e guardian.12

%nticin& is an act of t(e accused b# w(ic( t(e person kidnapped is induced of (is

own accord to go to t(e kidnapper. '(e word EenticeF invo"ves an idea of

inducement or a""urement b# eciting (ope or desire in t(e ot(er. It ma# take

man# forms difficu"t to visua"ie. '(e word Takin& in t(is section means not(ing

but p(#sica" taking.13

11 8atan"a" D(ira%a"+ GIndian 0ena" -odeH+ %eis;eis /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 24 :dition* 2, at pg. 5.12 Ibid.13 /asu ;.D.+ G-ommentar# on Indian 0ena" -odeH ed. 1t(+ vo". 2+ As(oka %aw ouse+ ;ew De"(i+ 2& pg. 19



'(e word keein&@ imp"ies neit(er appre(ension nor detention but rat(er

maintenance+ protection and contro"+ manifested not b# continua" action but as

avai"ab"e on necessit# arising and t(is re"ation between t(e minor and t(eguardian is certain"# not disso"ved so "ong as t(e minor can at wi"" take advantage

of it and p"ace (erse"f wit(in t(e sp(ere of its operation.14

'(e guardians(ip of t(e mot(er does not cease w(i"e a minor is in t(e possession

of anot(er person w(o (as been "awfu""# entrusted wit( t(e care and custod# of

suc( minor b# t(e mot(er.15If t(e minor is not in t(e custod# of a "awfu" guardian+

t(e offence cannot be committed+ w(atever t(e be"ief of t(e taker ma# be. The

taking or enticing of the minor out of the keeping of the legal guardian must be

without his consent. '(e consent of t(e minor is immateria". If a man b# fa"se and

fraudu"ent representation induce t(e parents of a gir" to a""ow (im to take (er

awa#+ suc( taking wi"" amount to kidnapping. In case of -arkas! 65 State of

Haryana1 it was said t(at t(e two words EtakesF and EenticesF as used in !ection

31+ I0- are intended to be read toget(er so t(at eac( takes to some etent its

co"our and content from t(e ot(er. If t(e minor "eaves (er paterna" (ome

comp"ete"# uninf"uenced b# an# promise+ offer or inducement emanating from t(e

gui"t# part#+ t(en t(e "atter cannot be considered to (ave committed t(e offence as

defined in !ection 31+ I0-. -onsent given b# t(e guardian after t(e commission

of t(e offence wou"d not cure it. 1&

The word (lawful) must be literally construed so as to distinguish it from “legal

guardian” as a guardian maybe lawful without being legal. '(e epression

Glafully entruste#H signifies t(at t(e care and custod# of a minor. :ntrustment

14 Cis(nu v. !tate+ 199& -r %L 1&2415 K.K A"i+ )193* 15 0at ,1&1 24 -r.%.L. 595 !-1& 7anes(+ )199* 31 A"" 44,









crimina" on"# w(en it is done wit( one or ot(er of t(e intents specified in

!.34.24

24 8atan"a" D(ira%a"+ Indian 0ena" -ode+ %eis;eis /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint24 :dition* 2,+ p. 5,



5 AGGRAEAT%D $OR(S O$ K+DNA--+NG AND

ABDUCT+ON

!ections 33A to 39 are aggravated form of kidnapping and abduction.Kidnapping is an offence in itse"f but abduction is not so t(e aggravated form not

on"# offence but t(e# are on"# "iabi"it# c"ause in t(e statute.

505 Section 929A5

Kidnapping or maiming a minor for purposes of begging ! +- Whoever kidnaps

any minor or, not being the lawful guardian of a minor, obtains the custody of the

minor, in order that such minor may be employed or used for the purpose of

begging shall be punishable with imprisonment of either description for a term

which may e#tend to ten years, and shall also be liable to fine.

+*- Whoever maims any minor in order that such minor can be employed or used

for the purposes of begging shall be punishable with imprisonment for life, and

shall also be liable to fine.

+- Where any person, not being the lawful guardian of minor, employs or uses

such minor for the purpose of begging, it shall be presumed, unless the contrary

is proved, that he kidnapped or otherwise obtained the custody of that minor in

order that the minor might be employed or used for the purposes of begging.

+/- In this section 0

+a- “"egging” means1

+i- &oliciting or receiving alms in a public place, whether under the pretence of

singing, dancing, fortune2telling, performing tricks or selling articles or

otherwise1

+ii- 3ntering on any private premises for the purpose of soliciting or receiving

alms1



+iii- 3#posing or e#hibiting, with the ob4ect of obtaining or e e#torting alms, any

sore, wound, in4ury, deformity or disease, whether of himself or of nay other

person or of an animal1

+iv- 5sing a minor as an e#hibit for the purpose of soliciting or receiving alms1+b- “%inor” means2

+i- In the case of a male, a person under si#teen years of age1 and

+ii- In the case of a female, a person under eighteen years of age.

'(is !ection was inserted in 1959 to put down effective"# t(e evi" of kidnapping

c(i"dren for ep"oiting t(em for begging. '(ere are cases w(erein minors are

kidnapped are kidnapped and castrated wit( a view to make t(em eunuc(s w(o

cou"d be usefu" as professiona" beggars. '(e offence under !ection 33A is

triab"e b# a >agistrate of t(e first c"ass w(i"e under 33 @A)2* is triab"e b# a

-ourt of !essions. /arring t(is t(e offence under 33A is cogniab"e+ not

bai"ab"e and not compoundab"e.25

A"t(oug( men are a"so victimied+ t(e overw(e"ming maorit# of t(ose trafficked

are women and c(i"dren. According to officia" estimates+ between 1 and 2 mi""ion

women and c(i"dren are trafficked eac( #ear wor"dwide for forced "abour+

domestic servitude+ or seua" ep"oitation. An estimated 5+ persons are

trafficked eac( #ear to t(e Qnited !tates. 'rafficking is now considered t(e t(ird

"argest source of profits for organied crime+ be(ind on"# drugs and guns+

generating bi""ions of do""ars annua""#.

-(i"d 'rafficking2 is an in(umane offence against defense"ess and innocent

c(i"dren. >i""ions of c(i"dren are forcib"# trafficked or coerced across borders

25 /.>. 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+ 2nd :dition+ 2+ p. 5292 Can /ueren +G'(e Internationa" %aw on t(e 8ig(ts of a -(i"d+H K"uwer 19,9 @ G'raffickingH in c(i"dren is defined as t(e recruitment+ transportation+ transfer+ (arbouring or receipt of a c(i"d for t(e purposes of

ep"oitation.



on"# to be so"d in t(e se trade+ for i""ega" adoption+ for crimina" activities+ for

work as domestic servants+ beggars+ so"diers+ or for ot(er purposes. '(e urgenc#

to combat trafficking in c(i"dren is understandab"e considering t(e (einous nature

of t(e p(enomenon @ it is an affront to princip"es of (uman dignit# and mora"it#and a severe vio"ation of basic (uman rig(ts. 0rincip"e 9 of t(e 7eneva

Dec"aration of 8ig(ts of t(e -(i"d of 1924 states ep"icit"# t(at t(e G'(e c(i"d

s(a"" be protected against a"" forms of neg"ect+ crue"t# and ep"oitation. e s(a""

not be t(e subect of traffic+ in an# form.H 2&

Despite being in eistence for centuries+ -(i"d 'rafficking (as on"# in recent

#ears emerged as an issue of g"oba" concern due to t(e wor"dwide consensus and

cooperation to oin (ands in fig(ting t(is (einous crime ?it( t(e amp"ification

of internationa" and nationa" "ega" apparatus+ t(e trafficking of (uman beings is

perceived to be more t(an a crime @ it is a serious vio"ation of (uman rig(ts+

c(i"drenFs rig(ts+ "abour rig(ts and basic fundamenta" freedoms. -(i"d 'rafficking

(as become (ig("# "ucrative and increasing"# wort(w(i"e as women and c(i"dren

are considered commodities w(ic( can be Gso"dH severa" times over. ?it( t(e

permeab"e borders and t(e advancement of tec(no"og# c(i"d trafficking (as

epanded around t(e 7"obe w(ere t(e routes for trafficking c(i"dren a"ter

according to "oca" conditions or supp"# and demand factors. It is no "onger

adeuate to sa# t(at victims are trafficked from poor to t(e wea"t(ier ones.

Cio"ence is not t(e necessar# mode for c(i"d trafficking+ as (as been often

misconceived+ as t(e victims are tricked+ deceived+ forced+ so"d b# t(eir parents or

ot(erwise coerced into situations+ w(ic( t(e# "ater cannot escape from.2,

2& 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking '(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpNNwww.ew"a.orgNwfRd"NpaperRDevi.doc2, 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking '(e 8ecent emergence of t(e g"oba" issueH+retrieved from (ttpNNwww.ew"a.orgNwfRd"NpaperRDevi.doc



585 Section 92:

Kidnapping or abducting in order to murder: Whoever kidnaps or abducts any

person in order that such person may be murdered or may be so disposed of as

to be put in danger of being murdered, shall be punished with imprisonment for

life or rigorous imprisonment for a term which may e#tend to ten years, and


'o estab"is( an offence under t(is section it must be proved t(at t(e person

c(arged wit( t(e offence (ad t(e intention at t(e time of t(e kidnapping or

abduction t(at t(e person wi"" be murdered or so disposed of as to be put in

danger of being murdered.29 If no evidence is avai"ab"e on t(e score+ t(e accused

cannot be convicted under t(is section. ?(ere t(e witnesses saw t(e part# of t(e

accused persons forcib"# taking awa# a woman+ w(o was found dead a week

"ater+ and t(oug( t(ere was not(ing to connect t(em wit( t(e murder+ t(ere was

evidence of t(e bod# being destro#ed b# t(em+ t(e# were convicted not of murder

but on"# under t(is section and s. 21 for destro#ing evidence.3 In anot(er case

t(e two accused and t(e t(ird person were seen disappearing toget(er. '(e# (ad

drinks and moved awa#. '(e one w(o did not return (ome+ (is moustac(e+ torn

kurta and a few drops of b"ood were found b# t(e side of a swo""en river. ?(et(er

(e was pus(ed+ or (e s"ipped cou"d not be known. is companions were not

convicted under t(is section.31 ?(ere t(e accused persons+ on fa"se pretet of

repa#ing t(e mone# to t(e deceased+ induced (im to accompan# t(em to a distant

p"ace and after ki""ing (im+ t(rew t(e bod# in a private ravine+ t(eir conviction

under s. 34 a"ong wit( sections 3 and 21 was up(e"d.32

29 8atan"a" D(ira%a"+ Indian 0ena" -ode+ %eis;eis /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint24 :dition* 2,+ p. 3 6ati $am v. &tate of 5.6., 199 -r %L 44& )A"".*.31 %ahavir v. &tate of 5.6 + 199 -r %L 15 )A""*.32 7aliyaveetil 8shraf v &tate+ 1994 -r %L 555 )Ker*.



In Sacha Singh 65 State of Punjab33 , during t(e period of insurgenc#+ two #oung

!ik( bo#s were abducted b# armed assai"ants from t(eir (ouse on a dark nig(t in

t(e sig(t of t(eir parents. '(e# were ki""ed wit(in a s(ort w(i"e b# t(e abductors.

'(e abductors were c(arged wit( murder. It was (e"d t(at w(en more personst(an one (ave abducted t(e victim+ w(o was "ater murdered is wit(in t(e "ega"

province of t(e court to ustifiab"# draw a presumption depending on t(e factua"

situation t(at a"" t(e abductors are responsib"e for murder. !ection 34 of t(e 0ena"

code cou"d be invoked for t(e aid to meet t(e ends of ustice.34

An abducted victim was murdered "ater on. It was (e"d t(at t(e court can+

depending on t(e factua" situation+ draw t(e presumption t(at t(e abductors are

responsib"e for t(e murder. It is t(eir responsibi"it# to ep"ain to t(e court w(at

t(e# (ad done wit( t(e victim. 35

595 Section 92'A

Kidnapping for ransom, etc: Whoever kidnaps or abducts any person or keeps a

person in detention of the 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 may be put death or hurt, or causes hurt or death

to such person in order to compel the 9overnment or any foreign &tate or

international inter2governmental organization or any other person to do or

abstain from doing any act or to pay a ransom, shall be punishable with death, or

imprisonment for life, and shall also be liable to fine.

'(e kidnapped c(i"d was recovered from t(e custod# of t(e accused b# t(e

raiding part#. '(e "etter demanding ransom was recovered from t(e pocket of t(e

accused. e (ad neit(er posted it nor contacted an# bod# for t(e purpose for t(ree

33 21 -r %L 1&34 )!-*.34 !.;. >is(ra+ GIndian 0ena" -odeH+ -entra" %aw 0ub"ications+ A""a(abad+ 14 t( :dition+ 2 at pg. 5,3.35 &acha &ingh v. &tate of 6un4ab+ 21 -r %L 1&34 )!-*.



da#s ti"" (is arrest. '(e court said t(at t(ere was no demand for ransom. An

offence under t(is section was not made out. -onviction under section 33 and

35 was (e"d proper.3

ence t(e ingredients of t(is section are3&

1. Kidnapping or abducting an# person

2. '(reatens to cause deat( or (urt to suc( person

3. -ompe""ing t(e 7overnment or an# person to pa# ransom.

8ecent -ase

-5 4iaFuat Ali K!an 65 State of An#!ra -ra#es!91

A gir" named Keart(i aged about 3 #ears was stud#ing ;urser# c"ass in !ri

%aks(mi :ng"is( >edium !c(oo". 0?5 was (er c"ass teac(er and 0? t(e

principa" of sc(oo". 0?1 is grandfat(er and 0?2 is fat(er of t(e said victim

minor gir" Keart(i. 0?& is t(eir driver and 0? 3 is maid servant. 6n 3&21+

0?&+ t(e driver dropped t(e gir" at t(e sc(oo" at about ,3 am. At about ,45

am one person came to (er c"ass+ informed t(e 0?5 (er c"ass teac(er t(at

parents of t(e c(i"d forgot to give s#rup to (er and on (is reuest t(e gir" was sent

wit( (im to administer t(e same. After noticing t(at t(e c(i"d (as been carried

awa# b# (im+ t(e c"ass teac(er instructed 0?3 t(e maid servant to stop (im. '(e

said person did not stop t(oug( cautioned b# 0?3 and so+ s(e asked 0?, w(o

was coming b# scooter to stop t(at person. ?(en 0?, stopped (im and enuired

about t(e matter+ t(e said person informed t(at (e was taking t(e c(i"d for

administering s#rup and sa#ing so+ (e boarded a bus and went awa#. '(ereafter+

0?3 went to s(op of 0?4 and enuired from (im w(o a"so informed (er about

t(e taking awa# of t(e c(i"d b# said person. %ater 0?3 and 0?5 went to 0?

3 :etra 6al v. &tate +:T- of ;elhi+ 21 -r %L 19 )De"*3& 8atan"a" D(ira%a"+ GIndian 0ena" -odeH+ %eis;eis /utterwort(Fs ?ad(wa+ ;agpur+ 13t( :dition )8eprint 24 :dition* 2,+ pg. 1.3, )29* 3 -r. %.L. 3&3 )!.-.*



and informed about t(e incident to (er+ w(o in turn informed about t(e incident to

t(e parents of t(e c(i"d. 0arents came to t(e sc(oo"+ searc(ed for t(e c(i"d in ;.8.

0eta area of Krnoo" and surrounding p"aces. 0?3 and 0?5 narrated t(e

p(#sica" features of t(e kidnapper. 0?12 registered t(e case on t(e basis ofreport and 0?13 took up furt(er investigation.

%ater on 4&21 a "etter demanding 8s. 1 crore for re"easing t(e c(i"d was

received b# 0?1+ w(o (anded over t(e same of 0?13+ t(e investigation officer.

6n 9&21 anot(er "etter addressed in t(e name of 0?2 was dropped in t(e

(ouse of 0?9 a neig(bor of 0?1 demanding 8s.&5 %ak(s wit( instruction to

keep t(e amount in a bag and p"ace it under a cu"vert w(ic( "etter was a"so

(anded over to 0?13. 6n 1&21 at about 123 pm on instruction of 0?13

a bag containing paper was p"aced at t(e p"ace desired. !ome persons were (iding

in a nearb# t(orn# bus(es around t(e cu"vert. At about 1 pm t(e accused came to

t(at p"ace b# a scooter picked up t(e bag and w(en (e reac(ed t(e road constab"es

surrounded and caug(t (o"d of (im and on enuir# t(e accused furnis(ed (is

particu"ars. '(ereafter t(e accused+ took t(e po"ice to a (ouse w(ic( was "ocked

from outsides. '(e accused opened t(e doors and "ed t(em to rear side bat(room

w(ere t(e c(i"d was found. 0?2 identified t(e c(i"d. 'ria" court (e"d (im gui"t#

and passed t(e sentence of "ife imprisonment. It was (e"d b# t(e !upreme -ourt

in appea" t(at section 34a dea"s wit( separate t#pe of offence w(ere a ransom is

distinguis(ing feature. In t(is case demand of ransom (as c"ear"# estab"is(ed and

t(e ro"e p"a#ed b# t(e accused (as been ana"#sed b# t(e -ourts be"ow. '(e c(i"d

was recovered on disc"osure made b# t(e accused (o (ad kept (im "ocked in a

(ouse. '(erefore t(e accused was (e"d "iab"e to be convicted under section 34

A+ I0-.

55 Section 92:

Kidnapping or abducting with intent secretly and wrongfully to confine person:

Whoever kidnaps or abducts any person with intent to cause that person to be

secretly and wrongfully confined, shall be punished with imprisonment of either



description for a term which may e#tend to seven years, and shall also be liable

to fine.

!ection 35 reuires an intention to confine a person secret"# and wrongfu""#.o"ding a person to ransom b# (is abductors is an offence under t(is section. 39

?(ere t(ere was sufficient evidence to s(ow t(at t(e victim woman abducted

from (er (ouse and t(en taken to different p"aces w(ic( inc"uded confinement to

one p"ace unti" s(e was recovered b# t(e po"ice+ it was (e"d t(at t(e accused cou"d

be convicted under t(is section and !. 3, but not section 3.4

'(ere was amp"e evidence to s(ow t(at t(e victim was taken awa# under deceit

and t(en so"d to a brot(e" (ouse. !(e was not a minor at t(e time of t(e incident.

'(erefore+ t(e accused cou"d not be convicted under !. 3 or 3&2. '(e# cou"d be

convicted under !.35.41

5 Section 922:

Kidnapping, abducting or inducing woman to compel her marriage, etc:

Whoever kidnaps or abducts any woman with intent that she may be compelled,

or knowing it to be likely that she will be compelled, to marry any person against

her will, or in order that she may be forced or seduced to illicit intercourse, or

knowing it to be likely that she will be forced or seduced to illicit intercourse

shall be punished with imprisonment of either description for a term which may

e#tend to ten years, and shall also be liable to fine1 and whoever, by means of

criminal intimidation as defined in this ode or of abuse of authority or any

other method of compulsion, induces any woman to go from any place with intent

39 /.>. 7and(i+ EIndian 0ena" -odeF+ :astern /ook -ompan#+%ucknow+ 2nd :dition+ 2 at p.534 <iyaz 8hmed v. &tate of "ihar + 199 -r %L 2241.41 &haik $am4an v &tate+ 1999 -r %L 211.





!! *I(- (-. I#(.#( (-A( S-. +A) %. '$+P.//.D ($ +ARR)

A#) P.RS$# A0AI#S( -.R *I// :

'(e intention of t(e accused is t(e basis and t(e gravamen of t(e offence under

t(is section. '(e vo"ition+ t(e intention and t(e conduct of t(e woman do notdetermine t(e offence t(e# can on"# bear upon t(e intent wit( w(ic( t(e accused

kidnapped or abducted t(e woman.4 ?(ere on"# confinement was estab"is(ed+

t(e !upreme -ourt (e"d t(at t(e conviction was possib"e under !. 35 and 3,

and not 3.4& 6nce t(e necessar# intent of t(e accused is estab"is(ed t(e offence

is comp"ete+ w(et(er or not t(e accused succeeded in effecting (is purpose+ and

w(et(er or not in t(e event t(e woman consented to t(e marriage or t(e i""icit

intercourse.4,

!!1 2$R'.D $R S.D&'.D ($ I//I'I( I#(.R'$&RS.:

'(e word EforcedF is used in its ordinar# dictionar# sense and inc"udes force b#

stress of circumstances. '(e epression EseducedF+ used in t(is section and section

3A+ means inducing a woman to submit to i""icit intercourse at an# time. 49

?(ere a gir" under eig(teen #ears of age is taken awa# from t(e keeping of (er

fat(er b# t(e accused wit( t(e obect of marriage and section+ (e is gui"t# of an

offence under t(is section+ notwit(standing t(e fact t(at t(e gir" accompanied (im

if (er own accord and not as a resu"t of force or misrepresentation. >ere

abduction does not bring an accused under t(e ambit of !ection 3 of t(e Indian

0ena" -ode )Kidnapping abducting or inducing woman to compe" (er marriage*.

Qn"ess t(e prosecution proves t(at t(e abduction is for t(e purposes mentioned in

!ection 3+ I0-+ t(e -ourt cannot (o"d t(e accused gui"t# and punis( (im under

t(e section.

4 8atan"a" D(ira%a"+ GIndian 0ena" -odeH+ %eis;eis /utterwort(Fs ?ad(wa+ ;agpur+ 13t( :dition )8eprint 24 :dition* 2,+ pg. 5.4& <iyaz 8hmad v. &tate of "ihar + 199 -r %L 22414, K(a"i"Qrra(man+ )1933* 11 8an 213 )$/*49 8ames(+ )192* 4 /om %8 &, )!-*



'(e !upreme -ourt made t(ese observations w(i"e (earing an appea" c(a""enging

a conviction under !ection 3 of t(e I0-.

7abbu was tried for committing offences under !ection 3. '(e !ession -ourtconvicted t(e accusedappe""ant under !ections 3 and sentenced (im to

undergo two #ears rigorous imprisonment. '(e ig( -ourt in t(e appea" preferred

b# t(e accused appe""ant confirmed t(e order of t(e !ession -ourt fo""owing

w(ic( t(e !upreme -ourt was moved.

A Division /enc( comprising Lustices ! / !in(a and 0 0 ;ao"ekar+ w(i"e setting

aside t(e conviction and a""owing t(e appea" observed t(at t(at a mere finding

t(at a mere finding t(at a woman was abducted is not enoug(. It must be furt(er

proved t(at t(e accused abducted t(e woman wit( an intent t(at s(e ma# be

compe""ed+ or knowing it to be "ike"# t(at s(e wi"" be compe""ed to marr# an#

person or in order t(at s(e ma# be forced or seduced to i""icit intercourse or

knowing it to be "ike"# t(at s(e wi"" be forced or seduced to i""icit intercourse.

$urt(er+ t(e /enc( observed t(at is necessar# for t(e prosecution to prove t(at t(e

accused induced t(e comp"ainantwoman or compe""ed b# force to go from an#

p"ace t(at suc( inducement was b# deceitfu" means.

?(i"e dea"ing wit( t(e instant case t(e /enc( observed t(at t(e prosecutri (ad

now(ere a""eged t(at s(e was abducted wit( t(e intention to commit an offence.

In overa"" consideration of t(e materia" p"aced on record b# t(e prosecution+ we

do not find t(at t(e prosecution (as proved t(at t(e accusedappe""ant (as

committed an offence under !ection 3+ I0-. '(ere is a doubt as to t(e p"ace of

incident and t(e motive of t(e accused in taking awa# t(e prosecutri. ?e find it

difficu"t to be"ieve in t(e stor# put up b# t(e prosecutri t(at s(e was forced to

"eave (er p"ace of residence under a t(reat b# s(owing a knife to (er+ t(e court

a"so observed. In order to constitute an offence a person must be carried off.



Recent Case

State of +aharashtra 6 ! 0ajanan 3 -emant 4anardhan *an5hede5

0rosecutri+ w(o is t(e daug(ter of comp"ainant Ambaprasad >is(ra+ was

residing wit( t(e fami"# in >angi"a" p"ots+ Amravati. '(e accusedrespondentwas a"so t(e resident of t(e same "oca"it#. '(e prosecutri was educated upto & t(

standard and s(e (ad taken (er education in >unicipa" !c(oo" ;o. 5 at Amravati.

er date of birt( recorded in officia" documents was 4..19& and t(e incident of

kidnapping (er b# t(e accused took p"ace on 21.4.1991. As suc( s(e was aged 14

#ears+ 1 mont(s and 1& da#s at t(e time of t(e incident. 6n 21.4.1991+ t(e

accused sent a message to prosecutri t(roug( one !ac(in and ca""ed (er to come

wit( a bag at a p"ace near (er sc(oo". According"#+ t(e prosecutri went at t(at

p"ace. '(en t(e accused+ prosecutri and !ac(in went b# an autoricks(aw to

-(inc(fai" area of Amravati w(ere t(e grandmot(er of t(e accused was residing.

'(e# reac(ed t(ere at about 1. p.m. '(e accused took (is suitcase. '(en t(e

accused and prosecutri w(o were accompanied b# !ac(in+ arrived b# an

autoricks(aw at /adnera 8ai"wa# station. !ac(in went back to Amravati from

/adnera 8ai"wa# !tation and t(e accused and prosecutri arrived at ;agpur b#

train. '(e# reac(ed ;agpur at about 5. p.m. '(erefrom t(e# went to L(ansi.

'(e# reac(ed L(ansi ear"# in t(e morning+ i.e. at about 4. to 5. a.m. At

L(ansi+ t(e# went to t(e (ouse of t(e sister of t(e accused name"# %ata. '(e#

sta#ed in one separate room in t(e (ouse of accusedFs sister for about , to 1

da#s. During t(is period+ t(e# used to s"eep in t(at room and t(e accused

practica""# on ever# nig(t performed seua" intercourse wit( prosecutri. '(en

from L(ansi+ t(e accused and prosecutri arrived at /ic(ona and sta#ed t(ere in

t(e (ouse of one 8aput for about 34 da#s and t(e accused performed seua"

intercourse wit( t(e prosecutri twice. '(en from /ic(ona+ bot( of t(em came to

>undai. '(e# resided at >undai in t(e (ouse of one ;armadaprasad for about

one and (a"f mont(s. $rom >undai+ t(e accused and prosecutri arrived at

5 2, -r %L 3549



-(inc(k(ed via ;agpur and Amravati and sta#ed in t(e (ouse of t(e sister of t(e

accused for about 45 da#s. Again from -(inc(k(ed+ t(e# went to ;agpur and

sta#ed in t(e (ouse of one friend of t(e accused for about 2 da#s. '(e accused

was working as a "abourer during t(is period. '(e accused and t(e prosecutrit(en again came back to -(inc(k(ed+ sta#ed t(ere for one da# and t(en went to

Katsoor. '(e# sta#ed at Katsoor at t(e (ouse of materna" aunt of t(e accused for

about 45 da#s. '(en t(e# came to 0aratwada and t(erefrom went to vi""age

'a"egaon w(ere t(e# sta#ed wit( t(e aunt of t(e accused. '(en from 'a"egaon+

t(e# went to De"(i. /ut since t(e address of t(e person wit(in w(om t(e# were

going to sta# at t(at p"ace was not avai"ab"e+ t(e# returned back to 'a"egaon.

During a"" t(ese da#s+ t(e accused performed seua" intercourse wit( t(e

prosecutri. ?(i"e at 'a"egaon+ t(e fat(er of t(e prosecutri and 8aapet(

)Amravati* 0o"ice arrived t(ere. '(e statement of t(e prosecutri was recorded

and s(e was taken back.

>eanw(i"e+ immediate"# on t(e net da# of t(e occurrence+ i.e. 22.4.1991+ t(e

fat(er of t(e prosecutri on coming to know t(e fact about kidnapping (is

daug(ter b# t(e accused+ (ad "odged t(e report in 0o"ice !tation 8aapet(+

Amravati+ on t(e strengt( of w(ic( t(e offence under !ections 33 and 3 I0-

was registered as -rime ;o. 1,4 of 1991. '(en on 2,.,.1991+ t(e prosecutri and

t(e accused were traced at 'a"egaon and accused was arrested. 0rosecutri was

referred to ?omenFs ospita"+ Amravati+ for (er medica" eamination. '(e

>edica" 6fficer concerned eamined (er and found t(at (er (#men was ruptured+

s(e was (abituated to seua" intercourse and s(e was carr#ing pregnanc# of 4 to

weeks. 6n arrest of t(e accused+ (e was a"so referred for medica" eamination

and t(e >edica" 6fficer concerned opined t(at (e was capab"e of committing

seua" intercourse. '(e ossification test of t(e gir" was a"so carried out and t(e

opinion of t(e concerned >edica" 6fficer was t(at t(e gir" was aged about 14 to

1 #ears. '(e radio"ogica" eamination of t(e accused was a"so performed



w(erein it was found t(at (e was aged about 2 #ears. '(e necessar#

investigation was conducted and on comp"etion of t(e same t(e accused stood

c(arge s(eeted for t(e offences punis(ab"e under !ections 33+ 3 and 3& I0-.

'(e conc"usions of t(e ig( -ourt were tota""# erroneous. '(e ig( -ourt cameto presumptuous conc"usion about t(e date of birt( of t(e victim. '(e inevitab"e

conc"usion was t(at t(e udgment of t(e ig( -ourt is unsustainab"e+ and was set

aside. '(e respondent was surrendered to custod# to serve t(e remainder of t(e

sentences.

52 Section 922 A:

Procuration of minor girl: Whoever, by any means whatsoever, induces any

minor girl under the age of eighteen years to go from any place or to do any act

with intent that such girl may be, or knowing that it is likely that she will be,

forced or seduced to illicit intercourse with another person shall be punishable

with imprisonment which may e#tend to ten years, and shall also be liable to fine.

Sections 922 and 922 B are intended to punis( t(e eport and import of gir"s for

prostitution. !ection 3 A dea"s wit( procuration of minor gir"s from one part of

India to anot(er part. !ection 3/ makes it an offence to import into India from

an# countr# outside India be"ow t(e age of twent# one #ears for t(e purpose of

prostitution.51

+n&re#ients:

'(is section reuires two t(ings 1. inducing a gir" under eig(teen #ears to go

from an# p"ace to do an act+ 2. intention or know"edge t(at suc( gir" wi"" be

forced or seduced to i""icit intercourse wit( a person.

51 8atan"a" D(ira%a"+ GIndian 0ena" -odeH+ %eis;eis /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 24 :dition* 2,+ pg. &.



An offence under t(is section is one of inducement wit( a particu"ar obect+ and

w(en after t(e inducement t(e offenders offer t(e gir" to severa" persons a fres(

offence is not committed at ever# fres( offer for sa"e.

1. Se#uce#: '(e word EseducedF is used in t(e ordinar# sense of enticing

or tempting irrespective of w(et(er t(e minor gir" (as been previous"#

compe""ed or (as submitted to i""icit intercourse.

2. A&e: It is necessar# to prove t(e age of t(e prosecutri to be be"ow 1,

#ears. In t(is case+ t(e sc(oo" certificate was considered to be t(e best

evidence.

0redominant"#+ women and c(i"dren are trafficked in for t(e Gse"ual tra#eH.

'(e "ack of emp"o#ment in t(eir native countries+ force women and c(i"dren into

i""ega" migration+ t(roug( migrant traffickers w(o offer Gpackage dea"sH.

Deceptive means suc( as fa"se promises of careers in business+ factories and

(ouse(o"ds+ are used to "ure t(e women and c(i"dren to being trafficked. '(e#

are inevitab"# t(en found imprisoned in brot(e"s. In man# cases+ t(e women are

"ured to foreign countries in t(e (ope of obtaining "egitimate work+ w(ere t(e# are

t(en paid sa"aries and t(e povert# eventua""# forces t(em to resort to prostitution

or to prostitute t(emse"ves under duress.52

'(e trafficking of c(i"dren is usua""# b# wa# of kidnapping or abduction+ once

abducted+ t(reats and acts of vio"ence are used to (o"d on to t(e victims. In

'(ai"and for instance+ brot(e" managers emp"o# agents to co""ect p(otos of #oung

gir"s as t(e# go to sc(oo". '(e gir"s are t(en se"ected b# t(e managers and upon

se"ection t(e gir"s are ordered b# t(em for t(e agents to kidnap.

52 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking '(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpNNwww.ew"a.orgNwfRd"NpaperRDevi.doc



Aside from t(e kidnapping or abduction+ Asian -ountries (ave a"so faced t(e

povert# driven se""ing of Gdaug(tersH b# t(e impoveris(ed fami"ies to GagentsH

for sometimes as "ow as Q!S2 a c(i"d+ w(ic( c(i"dren are t(en reso"d to

traffickers. '(e sa"e of t(e gir" c(i"d b# (er fami"#+ due to povert#+ in turn p"acest(e financia" burden of supporting (er fami"# on t(e gir" c(i"d. !uc( trafficking is

an eamp"e of nonvio"ent trafficking of c(i"dren. A"so of "arge incidence is

w(ere t(e agents pose as Gpotentia" (usbandsH used to deceive t(e fami"# of t(e

gir" c(i"d into be"ieving t(e gir" c(i"d and (er Gric(H (usband wi"" take over t(eir

financia" burden+ inevitab"# (owever+ t(e gir" c(i"d is t(en eit(er so"d to

traffickers or forced into prostitution. owever+ one must remember t(at it

benefits t(e traffickers to keep t(eir victims in a foreign environment w(ere not

on"# are t(e# vu"nerab"e for (aving entered a countr# i""ega""#+ but are a"so

disadvantaged because of t(eir ignorance of t(e "aw+ cu"ture and "anguage of t(at

countr#.53

$or women and gir"s additiona" protection is provided in t(e Immora" 'raffic

0revention Act. '(is act was amended in 195 to provide for more severe

pena"ties for offences invo"ving c(i"dren and minors. Qnder t(is act an#one w(o

detains a woman or gir" in a brot(e" or on an# ot(er premise wit( t(e intent t(at

t(e fema"e person s(a"" (ave seua" intercourse wit( ot(er persons is "iab"e to

punis(ment. 'o faci"itate prosecution+ certain circumstances are presumed to

constitute i""ega" detainment. '(us if someone is found wit( a c(i"d in a brot(e" or

a c(i"d t(at (as been seua""# assau"ted is found in a brot(e" it is presumed t(at

t(e c(i"d is i""ega""# detained. 6ffenders are "iab"e to a prison term from & #ears to

"ife. '(ese strict "iabi"it# provisions a""ow for a (ig(er possibi"it# of curbing t(e

53 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking '(e 8ecent emergence of t(e g"oba"issueH+ retrieved from (ttpNNwww.ew"a.orgNwfRd"NpaperRDevi.doc



offence+ w(ic( wou"d ot(erwise not be possib"e wit(out t(e reversa" of t(e burden

of proof as (as often (appened in drugre"ated offences.54

Recent Case

(an,aa 65 State of Karnataka+

6n 3.4.199&+ anumant(appa+ fat(er of t(e victim+ "odged a comp"aint

a""eging t(at (is daug(ter !(i"pa+ aged 13 #ears+ was kidnapped b# t(e appe""ants

i.e. Cia# >.!./a"akris(na >adiwa"ar and >anappa (erein on 24.1.199& at

about 11. a.m. from (is (ouse and t(e# (ad taken (er to /omba# wit( an

intention to force (er to (ave i""icit intercourse and t(ereafter+ (ad so"d t(e victim

to !(anta at /omba# for 8s.5N for t(e purpose of prostitution and for

immora" purposes. 6n t(e strengt( of t(e said comp"aint+ Kumarapatnam 0o"ice

registered a case in -rime ;o. 41 of 199& and started investigation. 6n

24.4.199&+ on receiving information about t(e victim+ t(e Investigation 6fficer

(ad gone to /omba# a"ong wit( t(e panc( witnesses and t(e comp"ainant+ traced

out t(e gir" and t(e appe""ants (erein and returned to Kumarapatnam 0o"ice

!tation on 2&.4.199&. '(e same da#+ t(e statement of t(e victim !(i"pa wasrecorded and s(e was sent to t(e -.7. ospita" Davanagere for medica"

eamination. '(e appe""ants (erein and !(anta were arrested on 2&.4.199& and

c(arged for t(e commission of t(e offences punis(ab"e under !ections 3A+ 3&2+

3&3 read wit( 34 I.0.-. '(e prosecution eamined si witnesses in support of its

case and marked severa" documents. '(e session udge convicted t(e !(anta and

>adiwa"ar but acuitted t(e >anappa for section 3A+ 3&2 and 3&3 rNw 34 of

I0-. In appea" b# state in (ig( court t(e sentence of !(anta and >adiwa"ar was

increased to & #ear imprisonment and fine of 8s. 5+N and convicted

>anappa wit( same. '(e supreme court confirmed t(e sentence of (ig( court

and reected t(e appea" of >adiwa"ar And >anappa for reduction of sentence.

54 Ibid55 )21* IC -r.%.L. 4&29 )s.c.*



5=5 Section 922B:

Importation of girl from foreign country! Whoever imports into India from any

country outside India or from the &tate of >ammu and =ashmir any girl underthe age of twenty2one years with intent that she may be, or knowing it to be likely

that she will be, forced or seduced to illicit intercourse with another person, shall

be punishable with imprisonment which may e#tend to ten years and shall also be

liable to fine.

'(e !e"ect -ommittee in t(eir 8eport observed Gt(e case of gir"s imported from

a foreign countr# we propose to dea" wit( b# t(e insertion of a new section 3 /

in t(e -ode. ?e are unanimous"# of opinion t(at t(e reuirements of t(e

-onvention wi"" be substantia""# met b# pena"iing t(e importation of gir"s from a

foreign countr#. At t(e same time we (ave so worded t(e c"ause as to prevent its

being made a dead"etter b# t(e adoption of t(e course of

importing t(e gir" first into an Indian !tate.5 After t(e coming into force of t(e

-onstitution of India t(is section was amended to bring it in accord wit( t(e

c(anged circumstances.5&

51 Section 92=:

Kidnapping or abducting in order to subject person to grie6ous hurt, sla6ery,

etc: Whoever kidnaps or abducts any person in order that such person may be

sub4ected, or may be so disposed of as to be put in danger of being sub4ect to

grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be

likely that such person will be so sub4ected or disposed of, shall be punished with

imprisonment of either description for a term which may e#tend to ten years, and


5 7aette of India+ dated $ebruar# 1+ 1923+ 0art C+ p.&95& /.>. 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+%ucknow+ 2nd :dition+ 2 at p.53



5 Section 921:

*rongfully concealing or 5eeping in confinement, 5idnapped or abducted

person: Whoever, knowing that any person has been kidnapped or has beenabducted, wrongfully conceals or confines such person, shall be punished in the

same manner as if he dad kidnapped or abducted such person with the same

intention or knowledge, or for the same purpose as that with or for which he

conceals or detains such person in confinement.

'(is section does not app"# to t(e principa" offender but to t(ose persons w(o

assist (im in concea"ing an# person w(o (as been kidnapped. A kidnapper cannot

be convicted under t(is section.5,

+n&re#ients of t(is section

1. '(e person in uestion (as been kidnapped

2. '(e accused knew t(at t(e said person (ad been kidnapped.

3. '(e accused (aving suc( know"edge wrongfu""# concea"s or confines t(e

person concerned.

Apart from direct evidence t(ese ingredients can be proved b# facts and

circumstances of a particu"ar case.59 In Saroj Kumari case t(e appe""ant was

found in possession of a newborn c(i"d. 6n asking+ no ep"anation was given b#

(er. !(e pretended to concea" t(e c(i"d and c"aim it to be (ers. It was a fact t(at

s(e (ad not de"ivered in t(e recent past. !ince a"" t(e ingredients were estab"is(ed

s(e was (e"d to be gui"t# of t(e offence. Know"edge of t(e assai"ant is t(e most

important factor (ere. $or a"" practica" and "ega" purposes+ know"edge means t(e

state of mind entertained b# a person wit( regard to eisting facts w(ic( (e (as

5, <iyaz 8hmed v. &tate of "ihar + 199 -r %L 224159 !aro Kumari+ 19&3 -r %L 2& )19&3* 3 !-- 9



(imse"f observed+ or t(e eistence of w(ic( (as been communicated to (im b# a

person (e (as no reason to doubt.1

503 Section 92: Kidnapping or abducting child less than ten years with intent to steal from its

person: Whoever kidnaps or abducts any child under the age of ten years with the

intention of taking dishonestly any movable property from the person of such

child, shall be punished with imprisonment of either description for a term which

may e#tend to seven years, and shall also be liable to fine.

'(is section is intended to protect enticing awa# of c(i"dren from t(eir parents in

order to stea" ornaments from t(e c(i"dren. '(e offence being a serious one+

punis(ment is & #ears imprisonment and fine. It ma# (owever be noted t(at t(e

offence under 33 is inc"uded in t(is section.2 '(e offence is cogniab"e+ non

bai"ab"e+ not compoundab"e and triab"e b# a first c"ass >agistrate.

1 /.> 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+2nd :dition+ 2+p.53&.2 /.> 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+2nd :dition+ 2+p.53&.



25 S4AE%R AND $ORC%D 4ABOUR

Section 9=3 Whoever imports, e#port, removes, buys, sells or disposes of

any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description

for a term which may e#tend to seven years and shall also be liable to fine.

Section 9=0 ' Whoever habitually imports, e#ports, removes, buys, sells,

traffics or deals in slaves, shall be punished with "?imprisonment for life@ or

with imprisonment of either description for a term not e#ceeding the years,

and shall also be liable to fine.

Section 9=8 ' Whoever sells, lets to hire, or otherwise disposes of

any "?person under the age of eighteen years with intent that such person

shall at any age be employed or used for the purpose of prostitution or illicit

intercourse with any person or for any unlawful and immoral purpose, or

knowing it to be likely that such person will at any age be@ employed or

used for any such purpose, shall be punished with imprisonment of either

description for a term which may e#tend to ten years, and shall be liable to

fine.

.7planation I

When a female under the age of eighteen years sold, let for hire, or

otherwise disposed of to a prostitute or to any person who keeps or manages

a brothel, the person so disposing of such female shall, until the contrary is

proved, be presumed to have disposed of her with the intent that she shall be

used for the purpose of prostitution.

.7planation II



<or the purposes of this section 8illicit intercourse8 means se#ual

intercourse between persons not united by marriage or by any union or tie

which, though not amounting to a marriage, is recognised by the personal

law or custom of the community to which they belong or, where they belongto different communities, of both such communities, as constituting between

them a Auasi 2marital relation.

=5 TH% +((ORA4 TRA$$+C ;-R%E%NT+ON< ACT/ 02

?it( a view to imp"ement Internationa" -onvention signed at ;ew Tork on t(e

9t( >a#+ 195+ G the suppression of immoral traffic in woman and girls bill,

"9H was introduced in t(e %ok !ab(a on t(e 2 t( December+ 1954+ b# t(e t(en

>inister K.;. Katu.

In 195 t(e 7overnment of India ratified an Internationa" -onvention for t(e

!uppression of Immora" 'raffic in 0ersons and t(e :p"oitation of t(e

0rostitution of ot(ers. Qnder Artic"e 23 of t(e -onvention+ traffic in (uman

beings is pro(ibited and an# contravention of t(e pro(ibition is an offence

punis(ab"e b# "aw. Qnder Artic"e 35 suc( a "aw (as to be passed b# 0ar"iament as

soon as ma# be after t(e commencement of t(e -onstitution.

%egis"ation on t(e subect of suppression of immora" traffic does eist in a few

!tates but t(e "aws are neit(er uniform nor do t(e# go far enoug(. In t(e

remaining !tates t(ere is no bar on t(e subect at a"". In t(e circumstances it is

necessar# and desirab"e t(at a -entra" "aw s(ou"d be passed w(ic( wi"" not on"#

secure uniformit# but a"so wou"d be sufficient"# deterrent for t(e purpose. /ut a

specia" feature of t(e /i"" is t(at it provides t(at no person or aut(orit# ot(er t(an

t(e !tate 7overnment s(a"" estab"is( or maintain an# protective (ome ecept



under a "icense issued b# t(e !tate 7overnment. '(is wi"" c(eck t(e estab"is(ment

of (omes w(ic( are rea""# dens for prostitution3

'(e Immora" 'raffic )0revention* Amendment /i""+ 2 amends t(e Immora"

'raffic )0revention* Act+ 195 to combat trafficking and seua" ep"oitation for

commercia" purposes. '(e /i"" de"etes provisions t(at ana"#e prostitutes for

so"iciting c"ients. It ana"#es an# person visiting a brot(e" for t(e purpose of

seua" ep"oitation of trafficked victims. A"" offences "isted in t(e /i"" wou"d be

tried in camera+ i.e.+ t(e pub"ic wou"d be ec"uded from attending t(e tria". ?(i"e

prostitution is not an offence+ practicing it in a brot(e" or wit(in 2 m of an#

pub"ic p"ace is i""ega". '(ere seems to be a "ack of c"arit# on w(et(er prostitution

oug(t to be a "egitimate wa# of earning a "iving if entered into b# c(oice.

0ena"iing c"ients w(o visit prostitutes cou"d drive t(is sector underground+

preventing "ega" c(anne"s of support to victims of trafficking. '(is /i"" punis(es

trafficking for t(e purpose of prostitution. 'rafficking for ot(er purposes )suc( as

bonded "abor and domestic work* is not covered b# t(e /i"". '(e /i"" aims to

combat trafficking in persons for seua" ep"oitation. It does not pro(ibit

prostitution. It addresses t(e issue of trafficking t(roug( bot( supp"# side )b#measures to punis( traffickers* and demand side )pena"ties for c"ients*

mec(anisms. '(ere are t(ree issues t(at need to be considered. $irst+ w(et(er

prostitution oug(t to be a "egitimate wa# of earning a "iving if t(e person enters or

sta#s in t(e profession out of c(oice. !econd+ w(et(er t(e demand side

mec(anism of punis(ing c"ients wou"d be t(e best wa# to tack"e trafficking.

'(ird+ w(et(er trafficking in persons for purposes ot(er t(an seua" ep"oitation

wou"d be ana"#es. '(ese issues are discussed be"ow.4

&.14e&ality of rostitution

3 (ttpNNsocia"we"fare.de"(igovt.nic.inNimmora"traffact1.(tm+4 www.indiatoget(er.orgN2NoctN"awimmora".(tm+



'(e /i"" defines GprostitutionH as seua" ep"oitation or abuse of persons for

commercia" purposes and a Gbrot(e"H as an# (ouse or p"ace w(ic( is used for

purposes of seua" ep"oitation for t(e gain of anot(er person or for t(e mutua"

gain of two or more prostitutes. A"t(oug( t(e /i"" does not ana"#e an individua"if (e is in prostitution for (is own profit+ it ana"#es prostitution if carried on in a

brot(e" or from an# pub"ic p"ace wit(in 2 meters of an educationa" institution+

p"ace of re"igious wors(ip+ (ote"+ (ospita"+ nursing (ome or an# pub"ic p"ace

notified b# t(e -ommissioner of 0o"ice or >agistrate. !uc( c"auses+ w(i"e

tec(nica""# not pro(ibiting prostitution+ make it a"most impossib"e for a person to

operate as a prostitute. '(us+ t(e /i"" "acks c"arit# on w(et(er prostitution oug(t

to be a "egitimate wa# of earning a "iving if t(e person enters or sta#s in t(e

profession out of c(oice.5

&.2-unis!in& Clients

'(e /i"" seeks to ana"#e an# person w(o visits a brot(e" for t(e purpose of

seua" ep"oitation of a trafficked victim. '(e issues t(at arise out of suc( a

provision are as fo""ows. It wou"d be difficu"t for a person visiting a brot(e" to

distinguis( between a trafficked person and a nontrafficked person. A person is

ana"#es on"# if (e seua""# ep"oits a trafficked victim. If t(e victim is not

trafficked+ t(e c"ient wou"d not be ana"#es. An# person visiting or found in a

brot(e" can be ana"#es if t(e purpose of t(e visit is seua" ep"oitation of a

trafficked victim. owever+ as t(e term Eseua" ep"oitationF is not defined in t(e

/i""+ it cou"d "ead to (arassment of ever# person w(o visits a brot(e" irrespective

of t(e obect of (is visit. Internationa" eperience suggests t(at t(e provision toana"#e c"ients ma# not be an effective wa# to curb seua" ep"oitation. $or

eamp"e+ !weden views prostitution as an aspect of ma"e vio"ence against women

5 Ibid



and c(i"dren and ana"#es t(e act of purc(asing seua" services. '(ere is a view

t(at t(is provision (as moved t(e trade underground.

&.3Traffickin& 4imite# To -rostitution

India is a signator# to t(e Q; 0rotoco" to 0revent+ !uppress and 0unis(

'rafficking in 0ersons :specia""# ?omen and -(i"dren+ supp"ementing t(e Q;

-onvention against 'ransnationa" 6rganied -rime. '(is 0rotoco" defines

Etrafficking in personsF as Et(e recruitment+ transportation+ transfer+ (arboring or

receipt of persons+ b# means of t(e t(reat or use of forceF. :p"oitation s(a""

inc"ude+ at a minimum+ t(e ep"oitation of t(e prostitution of ot(ers or ot(er

forms of seua" ep"oitation+ forced "abor or services+ s"aver# or practices simi"ar

to s"aver#+ servitude or t(e remova" of organs.H

15 STAT+ST+CS

8332 8331

'(ere (as been a significant rise in kidnapping cases owing to t(e rising

prosperit# toget(er wit( inadeuate "aw enforcement. In 2+ t(e "atest period

for w(ic( data is avai"ab"e+ t(e number of reported abductions umped 52 percent

to 23+991+ from 15+&5 in 25+ ranking India sit( among 1 countries wit( t(e

worst record for kidnappings+ according to t(e ;ationa" -rime 8ecords /ureau.

Qttar 0rades( recorded t(e (ig(est number of kidnappings at 3+31, in 2+

fo""owed b# /i(ar and And(ra 0rades( at 2+19 and 2+3+ respective"#. '(e rise

in kidnapping incidents comes at a time w(en domestic and overseas companies

are epanding in t(e (inter"and+ w(ere t(e "aw enforcement mac(iner# is often

not ab"e to provide adeuate protection to t(eir emp"o#ees. >ad(#a 0rades(+

>a(aras(tra+ Qttar 0rades( and -((attisgar( )99&* (ave accounted for 24.,+ 15.4+

www.indiatoget(er.orgN2NoctN"awimmora".(tm+



12. and .& per cent of tota" crimes respective"# against c(i"dren at t(e nationa"

"eve".

0rocuration of >inor 7ir"s )!ec. 3A I0-* 25 cases were reported in t(e #ear2, as compared to 145 suc( cases in 2&+ accounting for 29.3O increase over

2&. And(ra 0rades( (as reported 4, suc( cases indicating a s(are of 33.1

percent at nationa" "eve". In abso"ute numbers+ t(ese cases registered a fa"" to 4,

against in 2& in case of And(ra 0rades( and 9 in 2, from 32 in 2& in

Qttaranc(a". A minor increase of .1 per cent was noticed in Kera"a )2 cases in

2& increased to 21 cases in 2,*. 2, cases of E/u#ing of gir"sF and 5 cases of

E!e""ing of gir"sF for 0rostitution were reported in t(e countr# during 2& against

21 and 19 suc( cases respective"# in 2,. And(ra 0rades( U De"(i wit( 32.1O

eac( a"ong wit( >a(aras(tra 21.4 accounted for ,5.O )24 cases* of tota" cases

of E/u#ing of 7ir"sF and ?est /enga" (as accounted for ,,.O )44 cases* of t(e

tota" cases of E!e""ing of 7ir"sF for 0rostitution reported in t(e countr#. Incidence

of kidnapping and abduction of women and gir"s recorded an increase of 9.4O

from 24 to 2,.&

'(ere (as been a significant rise in kidnapping cases owing to t(e rising

prosperit# toget(er wit( inadeuate "aw enforcement. In 2+ t(e number of

reported abductions umped 52 percent to 23+991+ from 15+&5 in 25+ ranking

India sit( among 1 countries wit( t(e worst record for kidnappings+ according

to t(e ;ationa" -rime 8ecords /ureau.

833'8300

'(e fo""owing tab"e can be taken into account to understand t(e "eve" of crime of

kidnapping and abduction in India during t(e period of 2,211 in a"" India

"eve"+ and in states of ar#ana+ 0unab and Qnion 'erritor# of -(andigar(.

& (ttpNNncrb.nic.inNcii2&Ncii2&N-A0.pdf+



!tate and Tear 29 21 211

ar#ana 91 93 959

0unab 92 &,9 ,1

-(andigar( 4 3, 5,

India 33, 3,44 444

In 211 tota" no. of cases under Indian 0ena" -ode re"ating to offence of

Kidnapping and abduction were 444 w(ic( amounted to 1.9 percent of tota"

crimes under Indian 0ena" -ode. 6ut of t(ese in 211+ Kidnapping and abduction

of women and gir"s amounted to 3555 w(ic( was 1.5 percent of tota" no. of

crimes in Indian 0ena" -ode. 8ate of crime was 3.& percent for kidnapping and

abduction w(ereas c(arges(eeting rate and convictiona" rate was &.5 percent and

2&.3 percent respective"#.,

$urt(er t(e fo""owing tab"e can be ver# (e"pfu" in understanding and comparing

t(e data of states of ar#ana+ 0unab and -(andigar( regarding Kidnapping and

Abduction during t(e #ear of 2119

!tateNQ

'

-ases

8epor ted

during

t(e

#ear

;o. of

caseswit(dra

wn b#

t(e govt.

during

Investiga

tion

-ases

notinvestig

ated or

in w(ic(

investig

ation

was

refused

-ases

dec"ared

fa"se

on

accou

nt of

mista

ke of

fact

or

'ota"

casesw(ere

c(args

(eet

"aid

and

fina"

report

submitt

ed

-ases

convicted

-ases

acuitted and

disc(ar

ged

-ase

s pendi

ng

'ria"

at t(e

end

of

#ear

, (ttpNNncrb.nic.inN-D-II211Ncii211NfigureO2atO2aO2g"ance.pdf and(ttpNNncrb.nic.inNcii2&Ncii2&N-A0.pdf9 (ttpNNncrb.nic.inN-D-II211NAdditiona"O2tab"eO2ciiO2211N-asesO2registeredO2andO2t(eirO2disposa"O2underO2I0-O2crimesO2duringO2O2211O2fina"."s

http://ncrb.nic.in/CD-CII2011/cii-2011/figure%20at%20a%20glance.pdf





"aw

ar#an

a

959 3 25 432 &2 3

0unab ,1 1&4 3& 1& 135&

-(andi

gar(

5, 15 32 1 14 5

India 444 19& 192 9 323,, 41 1, 95&

4



CONC4US+ON

:ssentia" to combating trafficking of c(i"dren is t(e cooperation between t(e

"ega" s#stems+ t(e government bodies and t(e nongovernment bodies around t(e

g"obe. '(e passing of deterrent "aws for t(e trafficker+ as opposed to t(e victim isa step towards reducing t(e occurrence of trafficking in c(i"dren+ (owever one

must bear in mind t(at t(e crimina" mind wi"" a"wa#s find its wa#s to circumvent

t(e "aws passed.

>ost societies are p"agued b# t(e ma"ad# of c(i"d trafficking+ making it toda# a

Gg"oba" p(enomenonH #et it remains somew(at GunknownH. '(e eact magnitude

of t(e offence is not represented in terms of data and statistics and t(e eact

modes of perpetration are sti"" ob"ivion. '(ere is "ack of awareness amongst

citiens @ possib"# due to t(e c(auvinism of state aut(orities to disc"ose i""s t(at

affect nationa" dignit# and reck"essness.

-ooperation amongst countries need to be fostered to counter t(is p(enomenon+

for instance b# uniformit# in pena" provisions between countries w(ic( wou"d be

a we"come consideration to reciproca" enforcement of protection and prevention

in trafficking w(ic( is main"# a GcrossborderH crime. '(is uniformit# can be

ac(ieved t(roug( ratification of internationa" instruments and nationa"

imp"ementation of t(ese internationa" (umanitarian instruments re"ating to

trafficking of c(i"dren.



B+B4+OGRA-H

BOOKS R%$%RR%D:

1. 7and(i /.>+ G Indian 6enal ode”+ :astern /ook -ompan#+ %ucknow+ 2nd

:dition+ 2.

2. D(ira%a" 8atan"a"+ G Indian 6enal odeH+ %eis;eis /utterwort(Fs ?ad(wa+

;agpur+ 13t( :dition )8eprint 24 :dition*+ 2,.

3. !ing( K.K and /agga 8.+ G Indian 6enal odeH+ '(e %aw /ook -ompan#+

A""a(abad+ 2nd edition+ 1994

4. >is(ra !.;.+ “Indian 6enal odeH+ -entra" %aw 0ub"ications+ A""a(abad+14t(

:dition. 2.

5. /asu ;.D.+ G-ommentar# on Indian 0ena" -odeH ed. 1t(+ vo". 2+ As(oka %aw

ouse+ ;ew De"(i+ 2&

. !arvaria !K+ G8A ;e"sonFs Indian 0ena" -odeH ed. 9 t( + Co". 3+ %eis;eis

/utterwort(s 0ub"ications+ ;ew De"(i

&. ?a"ker+ G6ford -ompanion to %awH+ 6ford 0ub"ications+ ;ew De"(i+ 2t(

:dition+ 19,+

Articles Referre#:

1. 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking '(e 8ecentemergence of t(e g"oba" issueH

2. Can /ueren +G'(e Internationa" %aw on t(e 8ig(ts of a -(i"d+H K"uwer 19,9



ON4+N% SOURC%S:

1. (ttpNNwww.man.org.npNmdcampusNpptN1&KidnappingO2andO2etortion

8anendraO2>an.ppt.

2. (ttpNNwww.indiatoget(er.orgN2NoctN"awimmora".(tm.

3. (ttpNNsocia"we"fare.de"(igovt.nic.inNimmora"traffact1.(tm.

4. (ttpNNwww.manupatra.com.

5. (ttpNNwww.vaki"no1.comNbareactsNIndian0ena"-odeN!3/.(tm.

. (ttpNNwww.ew"a.orgNwfRd"NpaperRDevi.doc.

&. (ttpNNncrb.nic.inNcii2&Ncii2&N-A0.pdf.

,. (ttpNNncrb.nic.inN-D-II211NAdditiona"O2tab"eO2ciiO2211N-ases

O2registeredO2andO2t(eirO2disposa"O2underO2I0-O2crimes

O2duringO2O2211O2fina"."s

9. (ttpNNncrb.nic.inNcii2&Ncii2&N-A0.pdf

1. (ttpNNncrb.nic.inN-D-II211Ncii211NfigureO2atO2aO2g"ance.pdf

Ot!er References:

1. 7aette of India+ dated $ebruar# 1+ 1923+ 0art C

2. /"ackFs "aw Dictionar#

http://www.man.org.np/mdcampus/ppt/17-Kidnapping%20and%20extortion-Ranendra%20Man.ppt


http://socialwelfare.delhigovt.nic.in/immoraltraffact1.htm

http://www.vakilno1.com/bareacts/IndianPenalCode/S366B.htm

http://ncrb.nic.in/cii2007/cii-2007/CHAP6.pdf

http://ncrb.nic.in/CD-CII2011/Additional%20table%20cii%202011/Cases%20registered%20and%20their%20disposal%20under%20IPC%20crimes%20during%20-%202011%20final.xls







http://socialwelfare.delhigovt.nic.in/immoraltraffact1.htm

http://www.vakilno1.com/bareacts/IndianPenalCode/S366B.htm







Documents

133094682 Kidnapping and Abduction in IPC