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Kidnapping and Abduction

Kidnapping involves taking someone away against their will through force, threat, or deception. There are two types of kidnapping under Pakistani law: kidnapping from Pakistan and kidnapping from lawful guardianship. Kidnapping from Pakistan involves taking someone outside the country without their consent, while kidnapping from lawful guardianship involves taking a minor under 14 (boys) or 16 (girls) from their legal guardian without permission. Kidnapping is punishable by up to 7 years in prison and a fine. More serious kidnapping offenses, such as for the purpose of murder or wrongful confinement, carry heavier punishments including life imprisonment or the death penalty.

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2K views

Kidnapping and Abduction

Kidnapping involves taking someone away against their will through force, threat, or deception. There are two types of kidnapping under Pakistani law: kidnapping from Pakistan and kidnapping from lawful guardianship. Kidnapping from Pakistan involves taking someone outside the country without their consent, while kidnapping from lawful guardianship involves taking a minor under 14 (boys) or 16 (girls) from their legal guardian without permission. Kidnapping is punishable by up to 7 years in prison and a fine. More serious kidnapping offenses, such as for the purpose of murder or wrongful confinement, carry heavier punishments including life imprisonment or the death penalty.

Uploaded by

Esha Javed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Kidnapping and abduction

Introduction:
Kidnapping means taking away a person against his will by force, threat or deceit.
Usually, the purpose of kidnapping is to get a ransom, or for some political or
other purposes etc. kidnapping is classified into two categories in section 359 of
P.P.C and defined in section 360 and 361 of the Pakistan Penal Code.
Meaning of kidnapping:
The literal meaning of ‘kidnapping’ is child stealing.
Relevant provision:
Section 359 to 365 of Pakistan Penal Code, 1860.
Kinds of kidnapping
Under section 359 of P.P.C:
Kidnapping is of two kinds:
1. Kidnapping from Pakistan
2. Kidnapping from lawful guardianship.
Kidnapping from Pakistan
Under section 360 of P.P.C:
Whoever conveys any person beyond the limits of Pakistan without the consent
of that person, or of some person legally authorized to consent on behalf of that
person, is said to kidnap that person from Pakistan.
Kidnapping from lawful guardianship
Under section 361 of P.P.C:
Whoever takes or entices any minor under fourteen years of age if a male, or
under sixteen 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 keep such minor or person from lawful
guardianship.
For example: ‘A’ is a boy of 13 years of age, living under the guardianship of his
mother, Z. B convinces him to accompany him to his house without the consent of
his mother. According to section 361, B has committed the offence of kidnapping
from lawful guardianship.
Essential ingredients of this section:
This section has four essentials:
1. Taking or enticing away a minor or a person of unsound mind.
2. Such minor must be under fourteen years of age, if a male, or under sixteen
years of age, if a female.
Case law
(1929) 9 Pat. 647
Where a girl under this age is kidnapped, it is no defence that the accused did not know
the girl to be under that age, or that from her appearance he might have thought she
was of greater age.
3. The taking or enticing must be out of the keeping of the lawful guardian of
such minor or person of unsound mind.
4. Such taking or enticing must be without the consent of such guardian.
Object of this section:
The object of this section is twofold.
Firstly, to protect the children of tender age from being abducted or seduced for
improper purposes.
Secondly, for the protection of the rights of parents and guardians having the
lawful charge or custody of minors or insane persons.
Case law
(1927) 6 Pat. 471
Where L enticed a minor girl to come out of the terrace to the road and then to
the motor car in which R was sitting, so that the latter might drive away with her,
it was held that the offence of kidnapping was complete only when R drove away
with her.
Abduction under section 362 of P.P.C:
Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
Ingredients of this section:
This section requires two things:
1. Forceful compulsion or inducement by deceitful means.
2. The object of such compulsion or inducement must be the going of a
person from any place.
Difference between kidnapping and abduction
Kidnapping Abduction
1. Age: 1. ‘abduction’ is committed in respect
Kidnapping is committed only in of a person of any age.
respect of a minor under fourteen
years of age if a male, and under
sixteen years if a female or a person
of unsound mind.
Removal from lawful guardianship: 2. ‘abduction’ has reference
2. In ‘kidnapping’ the person is exclusively to the person abducted.
removed out of a lawful
guardianship. A child without a
guardian cannot be kidnapped.
3. in ‘abduction’ force, compulsion, or
Means used :
deceitful means are used.
3. in ‘kidnapping’, the minor is simply
taken away. The means used may 4. In abduction, consent of the person
be innocent. removed, if freely and voluntarily
Consent: given, condones abduction.
4. in kidnapping consent of the person
taken or enticed is immaterial. 5. in abduction, the intent is the all-
Intention of the accused: important factor.
5. In kidnapping the intent of the
offender is a wholly irrelevant 6. But the abduction is an auxiliary
consideration. act, not punishable by itself, but
made criminal only when it is done
6. Kidnapping from guardianship is a with, one or other of the intents
substantive offence under the code. specified in section 364, et seq.

Punishment for kidnapping under section 363 of P.P.C:


Whoever kidnaps any person from Pakistan or from lawful guardianship, shall
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Kidnapping or abducting in order to murder
Under section 364 of P.P.C:
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 extend to ten years, and shall also be liable to fine.
Illustrations:
(a) A kidnaps Z from Pakistan 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.
Kidnapping or abducting a person under the age of fourteen
Under section 364-A:
Whoever kidnaps or abducts any person under the age of fourteen in order
that such person may be murdered or subjected to grievous hurt, or slavery, or
to the lust of any person or may be so disposed of as to be put in danger of
being murdered or subjected to grievous hurt, or slavery, or to the lust of any
person shall be punished with death or with imprisonment for life or with
rigorous imprisonment for a term which may extend to fourteen years and
shall not be less than seven years.
Kidnapping or abducting with intent secretly and wrongfully to confine
person
Under section 365:
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.
For example:
A takes B away from his legal guardian, against the consent of such guardian,
with the intention of hiding her in his house. Here A has kidnapped B with the
intent of secret confinement, and thus, he is punishable under this section.

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