Section 363 or Punishment for Kidnapping 

by  Adv. Rupa K.N  

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Section 363 IPC

Introduction

The phrase “Kidnapping ” is very common. Although we frequently use this phrase in our daily lives, there is much more to learn about Kidnapping. The Indian Penal Code’s provisions regarding the penalty for the crime of Kidnapping are discussed in Section 363 IPC. Here we will be discussing Section 363 IPC briefly.

What is Kidnapping?

Kidnapping is a two-word phrase that refers to the taking away or theft of a child. Thus, it refers to Kidnapping a child from its parents or removing a child from their custody either forcibly or under duress.

Section 360 and Section 361 Indian Penal Code deal with Kidnapping.

Difference between Kidnapping  and Abduction

A youngster or someone who is mentally ill who has been taken from their legal care or taken outside the borders of India is said to have been kidnapped.

Abduction is the act of forcing or convincing someone to be taken from one location to another by using force or other coercive tactics.

Section 363: Understanding the Punishment for Kidnapping

Types of Kidnapping

  • The crime of abduction from India, which involves removing a victim beyond India’s borders, is covered by Section 360 of the IPC.
  • The abduction of a male under the age of 16 and a girl under the age of 18 away from their legal guardians is covered under Section 361. This Section’s protection of those with impaired mental capacity is another goal. Hacking is a type of cybercrime that entails getting unauthorized access to a system or making an effort to get beyond security measures by breaking into user accounts or banking websites.

What is Section 363 IPC?

Punishment for Kidnapping –

Section 363 of the Code specifies the punishment for the Kidnapping offense stated in Sections 360 and 361. Depending on the seriousness of the offense, the punishment may also include a fine and a term of imprisonment of up to seven years. The First Class Magistrate has the authority to adjudicate the offense, set bail, and conduct trials.

Section 363 is a Bailable, Cognizable, and Non-compoundable offense.

What is a Bailable offence?

Offences that are eligible for bail are those that are not particularly serious in nature. Money is a legal requirement in certain circumstances, and the detained individual must be freed upon the payment of bail to the police. In these kinds of situations, the police have the authority to set bail.

What is Non- a compoundable offence?

There are some offences that cannot be compounded, known as non-compoundable offences. They can only be put down. This is necessary because the nature of the offence is so serious and unlawful that the Accused cannot be permitted to escape punishment.

What is a Cognizable offence?

A cognizable offence is a crime for which, in accordance with the original plan or under any other legislation in effect at the time, a police officer may execute a sentence without a warrant and open an inquiry without the judge’s approval.

Know Your Rights: Understanding Section 363 and Protecting Yourself from Kidnapping Charges

What are the ingredients of Section 363 IPC?

  • Kidnapping  from India
  1. The abducted victim was a resident of India at the time of the crime.
  2. The accused committed the crime of luring the Kidnapping victim.
  3. The victim’s permission or the consent of a person who was legally qualified to grant it was not obtained before the Kidnapping.
  • Kidnapping  from Legal Guardianship
  1. The abducted victim was a minor, meaning that she or he was younger than 16 in the case of a male and 18 in the case of a female.
  2. The abducted victim was being cared for by a legitimate guardian.
  3. The accused lured or abducted the victim from the legal guardian’s custody. 
  4. The accused did so without the legal guardian’s permission.

Cases

  • Queen v. Prince (1875)

In this instance, a girl misled the accused about her age, and he honestly thought she was older than 16 years old. Thus he removed her from her father’s custody.

Suppose the accused is accountable for the abduction crime. In accordance with Section 55 of the Offenses Against Person Act, 1861, it was decided that a person’s sincere conviction that a girl is a major is not a legitimate defence against the charge of removing a child from the custody of a legal guardian until and until she is old enough to grant permission. As a result, the verdict was affirmed, and the accused was found guilty of removing an unmarried daughter from her father’s custody.

  • Thakori Lal D. Vadgama v. State of Gujarat (1973)

In this instance, a 15-year-old girl called Mohini was abducted and removed from her father’s legal custody. With the assurance that he would look out for her and provide for her, the accused, in his prior behavior, urged her to break away from her father. Whether the accused or his actions constitute a Kidnapping offence? The Hon’ble Supreme Court ruled that the accused’s enticement was what caused the girl to leave her father’s home. However, it was not his recent behavior that compelled the girl to comply; rather, it was his earlier deeds. As a result, it was determined that he was not entitled to a defense and was found guilty of abduction.

Consultant expertise can assist in navigating legal repercussions and penalties under Section 363 for kidnapping

Conclusion

Kidnapping from India and Kidnapping from a legal guardian, as described in Sections 360 and 361 of the Code, are punishable under Section 363 of the Code. A Magistrate of First Class may try it since it is a bailable, cognizable, and non-compoundable offense. To know more, get Legal consultation.

Kidnapping is different from abduction and is a bailable cognizable offence. To know more, get online legal advice here.

Adv. Rupa K.N

Adv. Rupa K.N

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Advocate Rupa K.N, with over 24 years of independent practice, specialises in providing legal expertise, advice and guidance to a broad range of customers. Having been practising law independently for several years after doing her B.A. LLB from Bangalore University and PGDM from the National Institute of Personnel Management.

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