What is Kidnapping or abducting in order to murder? What is kidnapping for ransom etc? What is kidnapping or abducting with intent secretly and wrongfully to confine person? Section 364, 364A and 365 of Indian Penal Code 1860

Kidnapping or abducting or abducting for murder, Kidnapping for ransom and kidnapping or abducting with intent secretly and wrongfully to confine person under Indian Penal Code is defined under Section 364, 364a and 365 of Indian Penal Code 1860. Provisions under these sections are:

Section 364 of Indian Penal Code. "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 2 [imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations
(a) A kidnaps Z from 1 [India], intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

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1. The words "British India" have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.

2. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956)

Section 364A of Indian Penal Code. "Kidnapping for ransom etc."

1[Whoever kidnaps or abducts any person or keeps 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 may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or 2 [any foreign State or international inter-governmental organisation 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.]

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1. Ins. by Act 42 of 1993, s. 2.

2. Subs. by Act 24 of 1995, s. 2, for "any other person".

Section 365 of Indian Penal Code. "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 extend to seven years, and shall also be liable to fine.