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Get Answers to all your Questions
Read the passage and answer the question that follow.
Sections 359 to 369 of the Indian Penal Code have made kidnapping and abduction punishable with varying degrees of severity according to the nature and gravity of the offence. The underlying object of enacting these provisions is to secure the personal liberty of citizens, to give legal protection to the children of tender age from being abducted or seduced for improper purposes and to preserve the rights of parents and guardians over their wards for custody or upbringing. The word ‘kidnapping’ has been derived from the word ‘kid’ meaning ‘child’ and ‘napping', 'to steal'. Thus, kidnapping literally means child stealing. And the word kidnapper was originally meant to signify one who stole children and others to provide servants and labourers for the American plantations. Kidnapping under the Code is not confined to child stealing. It has been given a wider connotation as meaning carrying away a human being against his or her consent or the consent of some person legally authorized to accord consent on behalf of such person. The word 'convey' literally means simply going together on a journey, but in popular parlance, it now means carrying a person to his destination. Thus, the offence would not be complete until the person actually reaches not only a foreign territory but to his destination as well. Mere conveying of a person from one place to another is not criminal. That Act becomes criminal if it is conveyed without his consent. A person may be conveyed as such by using force as by inducing him to give his consent by fraud and deception. Similarly, consent loses its essential elements if it is given under fear or duress, in which case it is submission and not consent. Abduction in common language means the carrying away of a person by fraud or force. According to Section 362 of the Indian Penal Code, abduction takes place when a person by force compels or by any deceitful means induces another person to go from any place. Abduction, pure and simple, is not an offence. It is an auxiliary act not punishable in itself, but when it is accompanied by a certain intention to commit another offence, it per se becomes punishable as an offence. The expression 'deceitful', as used in this provision, is wide enough to include inducing a girl to leave her guardian's house on a pretext. It also implies the use of misrepresentation and fraud by acts or conduct.
Question
In which of the following cases does the Act become punishable as the offence of abduction under the Indian Penal Code?
If the intention is to cause hurt or to put him in danger of being subjected to hurt
If the abducted person is a child under the age of eight years and the intention is to dishonestly take any movable property
Where no force or deceit is practised on the person so abducted
If the intention is to secretly or wrongfully confine a person
Answers (1)
As per the provisions laid down under the Indian Penal Code, abduction is not punishable in itself, but when it is accompanied by a certain intention to commit another offence, then it becomes punishable. For instance, if the intention is that the person abducted may be murdered or so disposed of as to be put in danger of being murdered; if the intention is to cause secretly or wrongfully a person, section 365 of IPC applies; if the abducted person is a woman and the intention is that she may be compelled or is likely to be compelled to marry any person against her will; if the intention is to cause grievous hurt, or to dispose of the person abducted as to put him in danger of being subjected to grievous hurt; if the abducted person is a child under the age of ten years and the intention is to take dishonestly any movable property from its person.
