Kidnapping and Abduction in IPC

Kidnapping and Abduction
CRIMINAL LAW
FACULTY OF LAW
JAMIA MILLIA ISLAMIA
SUBMITTED BY:
Iram Peerzada
B. A. LL.B. (Hons.)
Class: 2nd yr
SUBMITTED TO:
Ashwani Siwal Sir
INDIAN PENAL CODE PROJECT SUBMISSION
Page 1
Table of Contents
1. Introduction
2. Kidnapping
3. Abduction
4. Difference between kidnapping and abduction
11
5. Aggravated forms of kidnapping and abduction
12
6. Slavery and Forced Labour
32
7. The Immoral Traffic (prevention) Act, 1956
33
8. Statistics
36
9. Conclusion
39
10. Bibliography
40
BACKGROUND
Criminal law is a body of rules and statutes that defines conduct
prohibited by the state because it threatens and harms public
safety and welfare and that establishes punishment to be
imposed for the commission of such acts. Criminal law differs
from civil law, whose emphasis is more on dispute resolution
than
in
punishment.
The term criminal law generally refers to substantive criminal

laws. Substantive criminal laws define crimes and prescribe
punishments. In contrast, Criminal Procedure describes the
process through which the criminal laws are enforced. For
example, the law prohibiting murder is a substantive criminal
law. The manner in which state enforces this substantive law
through the gathering of evidence and prosecutionis generally
considered
procedural
matter.
II. History: The first civilizations generally did not distinguish

between civil law and
criminal law. The first written codes of law were designed by the
Sumerians around 2100-2050 BC. Another important early code
was the Code Hammurabi, which formed the core of Babylonian
law. These early legal codes did not separate penal and civil
laws. Of the early criminal laws of Ancient Greece only
fragments
survive,
e.g.
those
of
Solon
and
Draco.
After the revival of Roman law in the 12th century, sixth-century

Roman
classifications
and
jurisprudence
provided
the
foundations of the distinction between criminal and civil law in

European law from then until the present time. The first signs of
the modern distinction between crimes and civil matters
emerged during the Norman invasion of England. The special
notion of criminal penalty, at least concerning Europe, arose in
Spanish Late Scolasticism, when the theological notion of God's
penalty (poena aeterna) that was inflicted solely for a guilty
mind, became transfused into canon law first and, finally, to
secular criminal law. The development of the state dispensing
justice in a court clearly emerged in the eighteenth century
when European countries began maintaining police services.
From this point, criminal law had formalized the mechanisms for
enforcement, which allowed for its development as a discernible
entity.
Criminal
law
governs
crimes,
including
felonies
and
misdemeanors. Crimes are generally referred to as offenses

against the state. The standard of proof for crimes is "beyond a
reasonable doubt." For information on particular crimes or
issues surrounding the criminal law, please select from one of
the
topics
below.
Criminal law in India means offenses against the state, it

includes felonies and misdemeanors. The standard of proof for
crimes is "beyond a reasonable doubt." Criminal law is governed
by
Indian
penal
Code,
Crpc,
evicence
Act
etc.
A body of rules and statutes that defines conduct prohibited by

the government because it threatens and harms public safety
and welfare and that establishes punishment to be imposed for
the
commission
of
such
acts.
The term criminal law means crimes that may establish

punishments. In contrast, Criminal Procedure describes the
process through which the criminal laws are enforced. For
example, the law prohibiting murder is a substantive criminal
law. The manner in which government enforces this substantive
law through the gathering of evidence and prosecution is
generally
considered
procedural
matter.
Crimes are usually categorized as felonies or misdemeanors

based on their nature and the maximum punishment that can be
imposed. A felony involves serious misconduct that is punishable
by death or by imprisonment for more than one year. Most state
criminal laws subdivide felonies into different classes with
varying degrees of punishment. Crimes that do not amount to
felonies are misdemeanors or violations. A misdemeanor is
misconduct for which the law prescribes punishment of no more
than one year in prison. Lesser offenses, such as traffic and
parking
infractions,
are
often
considered a part of criminal law.
called
violations
and
are
III. Definition Of Crime: Many jurists have defined crime in

their own ways some of which are as under. it is very difficult to
give a correct and precise definition of crime, Glanville Williams,
admitted
the
impossibility
of
having
workable
content
based definition of crime, points out that the definition of crime

is one of the sharp intellectual problem of law.
Likewise Russell also admitted that to define crime is a task
which so far has not been satisfactorily accomplished by any
writer.
Such a difficulty in ultimate analysis arises due to the changing
nature of crime, an outcome of equally dynamic criminal and
penal policy of a state.
However some sociologists, perceiving crime as a social
phenomenon feel that criminal law in a sense, protects certain
social interests, and any act which threatens or poses threat to
this interests is define as crime.
In general terms crime is defined as an act punishable by law as
forbidden by statue or injurious to the public welfare. It is very
wide definition, any thing which is injurious to public welfare is
crime, in modern complex society there are many things which
are injurious or against the public welfare for example selling
contaminated food molestation of young children, etc.
Blackstone defined crime as an act committed or omitted in

violation of a public law either forbidding or commanding it.
Stephen observed a crime is a violation of a right considered

in reference to the evil tendency of such violation as regards the
community
at
large.
Oxford Dictionary defines crime as an act punishable by law

as forbidden by statute or injurious to the public welfare.
IV. Fundamental Elements Of Crime: There are four elements
which
go
to
constitute
crime,
these
Human
Mens
Actus
Injury
rea
reus
or
to
or
illegal
are:being
guilty
act
another
intention
or
omission
human
being
Human Being- The first element requires that the wrongful act
must be committed by a human being. In ancient times, when
criminal law was largely dominated by the idea of retribution,
punishments were inflicted on animals also for the injury caused
by them, for example, a pig was burnt in Paris for having
devoured a child, a horse was killed for having kicked a man. But
now, if an animal causes an injury we hold not the animal liable
but
its
owner
liable
for
such
injury.
So the first element of crime is a human being who- must be

under the legal obligation to act in a particular manner and
should be a fit subject for awarding appropriate punishment.
Section 11 of the Indian Penal Code provides that word person
includes a company or association or body of persons whether
incorporated or not. The word person includes artificial or

juridical
persons.
Mens Rea- The second important essential element of a crime is

mens rea or evil intent or guilty mind. There can be no crime of
any nature without mens rea or an evil mind. Every crime
requires a mental element and that is considered as the
fundamental principle of criminal liability. The basic requirement
of the principle mens rea is that the accused must have been
aware of those elements in his act which make the crime with
which
he
is
charged.
There is a well known maxim in this regard, i.e. actus non facit
reum nisi mens sit rea which means that, the guilty intention
and guilty act together constitute a crime. It comes from the
maxim that no person can be punished in a proceeding of
criminal nature unless it can be showed that he had a guilty
mind.
Actus Reus [Guilty Act Or Omission] - The third essential
element of a crime is actus reus. In other words, some overt act
or illegal omission must take place in pursuance of the guilty
intention. Actus reus is the manifestation of mens rea in the
external world. Prof. Kenny was the first writer to use the term
actus reus. He has defined the term thus- such result of
human
conduct
as
the
law
seeks
to
prevent.
Injury- The fourth requirement of a crime is injury to another
person or to the society at large. The injury should be illegally

caused to any person in body, mind, reputation or property as
according to Section 44 of IPC, 1860 the injury denotes any
harm whatever illegally caused to any person in body, mind,
reputation
or
property.
V. Stages Of A Crime If a person commits a crime voluntarily or

after preparation the doing of it involves four different stages. In
every crime, there is first intention to commit it, secondly,
preparation to commit it, thirdly, attempt to commit it and
fourthly the accomplishment. The stages can be explained as
under1. Intention- Intention is the first stage in the commission of an
offence and known as mental stage. Intention is the direction of
conduct towards the object chosen upon considering the motives
which suggest the choice. But the law does not take notice of an
intention, mere intention to commit an offence not followed by
any act, cannot constitute an offence. The obvious reason for not
prosecuting the accused at this stage is that it is very difficult for
the
prosecution
to
prove
2. Preparation- Preparation
the
is
guilty
the
mind
second
of
stage
person.
in
the
commission of a crime. It means to arrange the necessary

measures for the commission of the intended criminal act.
Intention alone or the intention followed by a preparation is not
enough to constitute the crime. Preparation has not been made
punishable because in most of the cases the prosecution has
failed to prove that the preparations in the question were made

for
the
commission
of
the
particular
crime.
If A purchases a pistol and keeps the same in his pocket duly

loaded in order to kill his bitter enemy B, but does nothing more.
A has not committed any offence as still he is at the stage of
preparation and it will be impossible for the prosecution to prove
that A was carrying the loaded pistol only for the purpose of
killing
Preparation
B.
When
Punishable- Generally,
preparation
to
commit any offence is not punishable but in some exceptional

cases preparation is punishable, following are some examples of
such
exceptional
circumstances-
Preparation to wage war against the Government - Section 122,

IPC
1860;
Preparation to commit depredation on territories of a power at

peace with Government of India- Section 126, IPC 1860;
Preparation to commit dacoity- Section 399, IPC 1860;
Preparation for counterfeiting of coins or Government stampsSections
233-235,
S.
255
and
S.
257;
Possessing counterfeit coins, false weight or measurement and

forged documents. Mere possession of these is a crime and no
possessor can plead that he is still at the stage of preparationSections
242,
243,
3. Attempt- Attempt
is
259,
the
direct
266
and
movement
474.
towards
the
commission of a crime after the preparation is made. According

to English law, a person may be guilty of an attempt to commit
an offence if he does an act which is more than merely
preparatory to the commission of the offence; and a person will
be guilty of attempting to commit an offence even though the
facts are such that the commission of the offence is impossible.
There
are
Guilty
three
intention
essentials
to
of
an
commit
an
attempt:offence;
Some act done towards the commission of the offence;
The
act
must
fall
short
of
the
completed
offence.
Attempt Under The Indian Penal Code, 1860- The Indian

Penal Code has dealt with attempt in the following four different
ways Completed offences and attempts have been dealt with in the
same section and same punishment is prescribed for both. Such
provisions are contained in Sections 121, 124, 124-A, 125, 130,
131, 152, 153-A, 161, 162, 163, 165, 196, 198, 200, 213, 240,
241, 251, 385, 387, 389, 391, 394, 395, 397, 459 and 460.
Secondly, attempts to commit offences and commission of
specific offences have been dealt with separately and separate

punishments have been provided for attempt to commit such
offences from those of the offences committed. Examples aremurder is punished under section 302 and attempt to murder to
murder under section 307; culpable homicide is punished under
section 304 and attempt to commit culpable homicide under
section 308; Robbery is punished under section 392 and attempt
to
commit
robbery
under
section
393.
Thirdly, attempt to commit suicide is punished under section

309;
Fourthly, all other cases [where no specific provisions
regarding attempt are made] are covered under section 511
which provides that the accused shall be punished with one-half
of the longest term of imprisonment provided for the offence or
with
prescribed
fine
or
with
both.
4. Accomplishment Or Completion- The last stage in the

commission of an offence is its accomplishment or completion. If
the accused succeeds in his attempt to commit the crime, he will
be guilty of the complete offence and if his attempt is
unsuccessful he will be guilty of an attempt only. For example, A
fires at B with the intention to kill him, if B dies, A will be guilty
for committing the offence of murder and if B is only injured, it
will be a case of attempt to murder.
INDIAN PENAL CODE - AN INTRODUCTION
1.
Title
(a) It consists of three words, namely :

- Indian
- Penal
- Code
(b) Out of these three, the key word is "code".
Code
It is systematic, complete, written collection of a body of laws,
arranged methodically in a coherent manner. A Code is the end
product of codification.
Codification
is
process
which
consists
of
compilation
arrangement, systemisation and promulgation of a body of laws

by the authority competent to do so.
Examples :
(i)
Code of Menu
(ii)
Code of Napoleon
(iii)
Code of Justinian
(iv)
Hindu Code
(v)
Indian Penal Code
(vi)
Criminal Procedure Code
(vii) Civil Procedure Code

Codification - its advantages
(i)
Simplicity
(ii)
Symmetry
(iii)
Intelligibility
(iv)
Logical coherence
(v)
Certainty
Penal
It is an adjective. It qualifies the noun "code". It means "relating
to punishment". Indian Penal Code is a penal statute, because it
not only defines offences but also prescribes punishments for
commission of such offences.
"Indian"
The term "Indian" signifies that it is the penal code for India. The
preamble indicates that the I.P.C. was enacted to provide a
General Penal Code for India.
2.
Historical Background
The
year 1833
was
very
crucial
in
the history
of
development of law in British India.The Charter Act of

1833 was passed by the British parliament with a view to
facilitating codification of Indian Laws. The Charter Act of
1833
established an All India Legislature namely
Governor General in Council, for the whole of
British India.
created the office of Law Member in that
Council.
provided
for
the
appointment
of
Law
Commission.
Mr. T.B. Macaulay was appointed to fill the office of the
Law Member. In Pursuance of the Charter Act of 1833, the
first Law Commission was set up in 1834.
Mr.
Macaulay,
later on Lord Macaulay, became its President. The first task

assigned to the Law Commission was to prepare a draft
penal code for India. A draft Code was drawn up and

submitted to the Governor-General in Council on the 14th
October 1837. The draft was then circulated to the Judges
and the Legal Advisers of the crown for eliciting their
comments and views. It was thereafter revised thoroughly.
The bill so revised remained pigeon-holed for many years.
It was ultimately passed and placed on the statute book on
the 6th October 1860.
3.
I.P.C. its nature

It is a codifying statute. It contains the general law of
crimes in India. It is a substantive law. The Code of
Criminal Procedure is an adjective law. It is exhaustive in
respect of the matters covered by it. It is a complete Code.
It lays down the general principles of criminal
liability. It also provides for general exceptions to criminal
liability.
It
defines
specific
offences
and
prescribes
punishments therefore.
4.
Scheme of the Code
(a)
The Code is broadly divided into twenty-three Chapters.
(b)
To be more precise, the Code at present contains 26

Chapters, because three Chapters, namely, VA, IXA and
XXA have been added subsequently.
(c)
Each Chapter is again sub-divided into several Sections.
(d)
Each Section has been given a numeral figure for

distinguishing it from the others.
(e)
The last Section of the IPC bears the number 511.
(f)
That, however, does not imply that the IPC has 511
Sections.
(g)
Many Sections have been added and several Sections have

been omitted.
6.
Arrangement :
(a)
There are two broad divisions of the Code, they are :
(b)
(i)
General Principles and
(ii)
Specific offences.
Specific offences may be roughly categorised under two

heads, namely (i) offences against the State and the public
and (ii) Offences against the person and the property.
(c)
The general principles are embodied in Chapters I, II, III,

IV, V, VA and XXIII as detailed below :
Chapter I - Title and extent of operation of the Code.

Chapter II - Definition of certain terms.
Chapter III- Punishments. (General)
Chapter IV - General Exceptions
Chapter V- Abatement of offences
Chapter VA - Criminal conspiracy
Chapter XXIII - Criminal Attempts
(d)
Specific offences
Chapter VI to - Offences against the State and the public
Chapter XV
Chapter XVI - Offences affecting human body.
Chapter XVII- Offences against the properties
(Corporeal and Incorporeal)
Chapter XIX - Miscellaneous offences to Chap. XXII
7.
Jurisdiction
(a)
IPC has two kinds of jurisdiction, namely,

(i) Intra-territorial (Sec.2).
(ii) Extra-territorial (Sec.3 and 4).
(b)
If any offence under the IPC is committed by a person

within the territory of India, whether Indian or foreigner,
he is liable to be prosecuted and punished by the court in
India having jurisdiction.
(c)
If an Indian commits an act of commission or omission

outside India, which is an offence under the IPC, he may
still be prosecuted and punished under the IPC by a
competent Indian Court, even though the act may not
constitute an offence under the law of that land.
(d)
If any offence under the IPC is committed on any ship or

aircraft, registered in India, the person committing it shall
be liable to be dealt with under the IPC by a competent
Indian Court, even though the ship or aircraft, at the time
of commission of such offence has remained outside India.
Note : (i
In this context, reference may be made to Sec.188 of

the Criminal Procedure Code.
(ii)
A person can not however, be prosecuted and

punished twice for the same offence, one under the
IPC and the other under the Foreign Law.
KIDNAPPING, ABDUCTION AND DIFFERENCE BETWEEN

KIDNAPPING & ABDUCTION DISCUSSED WITH RECENT
CASE LAWS AND STATISTICS
1. INTRODUCTION
In the terminology of the common law in many jurisdictions
(according to Blacks Law Dictionary), the crime of kidnapping
is labeled abduction when the victim is a woman. In modern
usage, kidnapping or abduction of a child is often called child
stealing, particularly when done not to collect a ransom, but
rather with the intention of keeping the child permanently (often
in a case where the childs parents are divorced or legally
separated, whereupon the parent who does not have legal
custody will commit the act; then also known as child
napping). 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
Chapter XVI of the Indian Penal Code - which deals with offences
affecting human development, covers Kidnapping and Abduction.
1
http://www.man.org.np/mdcampus/ppt/17-Kidnapping%20and%20extortion-Ranendra%20Man.ppt,
1. Relevant Sections
(a)
Section 359 to Section 369 IPC = 11 sections
(b)
Additions - 363-A, 364-A, 366-A and 366-B IPC = 4

sections.
2. Broad Structure
(i)
Section 359 - two kinds of kidnapping, namely

(a)
Kidnapping from India
(b)
Kidnapping from lawful guardianship
(ii)
Section 360 - Kidnapping from India - Definition
(iii)
Section 361- Kidnapping from lawful guardianship Definition
(iv)
Section 362 - Abduction - Definition
(v)
Section 363 - Punishment for Kidnapping
(vi)
Section 363-A-Kidnapping or maiming for begging penal.
(vii) Section 364-A - Kidnapping or abducting in order to

murder-penal.
(viii) Section 364-A - Kidnapping or abducting for ransom
etc. - penal (Most aggravated form).
(ix)
Section 365 - Kidnapping or abducting with intent to

confine persons wrongfully and secretly - penal.
(x)
Section 366 - Kidnapping or abducting woman to

compel her marriage or to cause her defilement penal.
(xi)
Section 367 - Kidnapping or abducting in order to

subject person to grievous hurt, slavery etc. - penal.
(xii) Section 368 - Wrongfully concealing or keeping in

confinement a Kidnapped or abducted person punishment same as prescribed for kidnapping or
abduction.
(xiii) Section 369 - Kidnapping or abducting child under
ten years with intent to steal from her person - penal.
3. Kidnapping from India
(a)
Definition
(b)
Penal
(c)
Ingredients -
Section 360 IPC

-
Section 363 IPC
(i)
To Convey any person
(ii)
Beyond the limits of India
(iii)
Without the consent of that person or his/her

guardian
(d)
Explanatory notes
(i)
To convey is to carry from one place to another.
(ii)
It should be from a place inside India to a place

outside India.
(iii)
Guardian
here
means
any
person
legally
competent to given consent on behalf of a minor

or insane.
(iv)
For
Consent, please read Section 90 IPC.
Consent given under misrepresentation of fact is

no consent.
(e)
Example
A took "W" a woman, from India to Ceylon, on the
representation that she would be married to his son
"S".
After arrival in Ceylon, the promised marriage
was not solemnised.
On the contrary, "W" was
employed in a Tea Estate there.
A committed as
offence as defined u/s 360 IPC.

4. Kidnapping from Lawful Guardianship
(a)
Definition -
(b)
Penal
Section 361 IPC
(i)
Ordinary form (Sec. 363 IPC)
(ii)
Aggravated forms - Sec. 363-A, 364, 364-A,

365,
367 and 369 IPC
(iii
Punishment for wrongfully concealing or

confining kidnapped person 368 IPC
(c)
Ingredients of the offence of kidnapping from

lawful guardianship.
(i)
Taking or enticing away

(a) a minor if male, under 16, if female,
under 18 or
(b) a person of unsound mind
(ii)
Out
of
the
keeping
of
the
lawful
guardianship
(iii)
(d)
Without the Consent of the guardian
Explanatory Notes (i)
Kidnapping
literally
means
"child
stealing"
(ii)
To take is to cause to go, to escort or to get

into possession
(iii)
Taking need not be by force
(iv)
The
two
expressions
"Taking"
and
"allowing a minor to accompany" are not

identical.
(v)
To entice is to allure by exciting hope or

desire
(vi)
Enticing may also be a mode of taking
(vii) In taking, the mental attitude of the minor

is immaterial.
(viii) In enticement, the minor is induced to do a
thing.
(ix)
In kidnapping, intent of the offender is

irrelevant
(x)
It is not necessary that the Minor must be

in the physical possession of the guardian.
It is enough if the minor is under the
control of the guardian.
(xi)
Violation of the possession of the guardian

is the essence of the offence.
(xii) It is intended to protect the minors and

insanes.
6.
Abduction - Ingredients
(i)
Compelling by force
or
Inducing by deceitful means
(ii)
7.
a person to go from any place
Explanatory Notes
(a)
Section 362 defines "Abduction" but does not create

an offence.
(b)
Abduction per se (by itself, taken alone) is not an

offence.
(c)
Abduction is an offence only when it is accompanied

by one of the intentions mentioned in the subsequent
Sections such as 364, 365 and 366.
1.1 Child Abduction

Child abduction can refer to children being taken away without
their parents consent, but with the childs consent. In England
and Wales it is child abduction to take away a child under the
age of 16 without parental consent. Abduction is the crime in

English law of taking a) a girl under 16 from possession of her
parent, or guardian, or b) a girl of 18 or defective woman of any
age from such possession of unlawful sexual intercourse, or c) a
girl under 21 to marry or have sexual intercourse, or d) taking
away and detaining any woman with the intention that she shall
marry or have unlawful sexual intercourse with a person, by
force, or for the sake of her property. Abduction or kidnapping
any child is also an offence. Abduction of voters is also a criminal
act.2
1.2. Kidnapping
Kidnapping, according to Walker,3 is the common name for the
common law offence of carrying away, or secreting, of any
person against his will, or against the will of his lawful
guardians. It may be constituted by false imprisonment, which is
total restraint of a person and his confinement without lawful
authority or justification.
1.3. Ten Conditions, Of Kidnapping In IPC:
India has comprehensive legislation to counter kidnapping, with
the Indian Penal Code outlining 10 specific offences related to
the purpose of the kidnapping. These are Kidnapping a minor for purposes of begging;
Kidnapping in order to murder;
Kidnapping for ransom;
Kidnapping with the intent to secretly and wrongfully
confine a
2
3
person;
Walker, Oxford Companion to Law, Oxford Publications, New Delhi, 20th Edition, 1980, pg. 701
Ibid, pg.3
Kidnapping a woman to compel her into marriage;

The importation of a girl from a foreign country;
Kidnapping in order to subject a person to grievous harm,
including slavery kidnapping a child under 10 years old;
Stealing or buying a minor for the purpose of prostitution.
2. KIDNAPPING
Meaning of kidnapping in the local language include the
abduction
as
synonym
but
the
real
difference
in
the
understanding is following:
2.1 Section 359:
Kidnapping: Kidnapping is of two kinds: kidnapping from
India, and kidnapping from lawful guardianship.
The literal meaning of kidnapping is child stealing.
The draftsmen of the code said:
the 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.
This offence may be committed on a child by removing that
child out of the keeping of its lawful guardian or guardians. On a
grown-up man it can be committed only by conveying him
beyond the limits of the Companys territories, or by receiving
him on board of a ship for that purpose.
http://www.man.org.np/mdcampus/ppt/17-Kidnapping%20and%20extortion-Ranendra%20Man.ppt.,
The carrying of a grown up person by force from one place

within the Companys territories to another, and the enslaving
him within the Companys territories, are offences sufficiently
provided for under the heads of restraint and confinement. The
enticing of a grown-up person by false promises to go from place
, may be a subject for a civil action, and , under circumstances,
for a criminal prosecution; but it does not appear to us to come
properly under the head of kidnapping.5
In Badlu Shah v Emperor6 it was held that Kidnapping and
abduction do not include the offence of wrongful confinement or
keeping, in confinement, a kidnapped person.7
The words kidnapping and abduction do not include the
offence of wrongful confinement or keeping in confinement a
kidnapped person.
2.2 Section 360:
Kidnapping from India: Whoever conveys any person beyond
the limits of India 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 India.
Essential
ingredients:
The following are the essential
ingredients of the offence under this section:

1) Conveyance of a person: To convey means to carry from
one place to another. The conveyance or carrying is a
5
K.K Singh and R.Bagga, Indian Penal Code, The Law Book Company, Allahabad, 2nd edition, 1994,
pg.2.
6
AIR 1929 All 454
7
Sarvaria SK, RA Nelsons Indian Penal Code ed. 9th , Vol. 3, LexisNexis Butterworths Publications,
New Delhi pg. 3512
continuous process until the destination is reached. In the

case of any offence under this section, the destination must
be some foreign territory.
2) Beyond the limits of India:
these words in the section
indicate that for an offence under it must be to some

foreign territory.
3) Without the consent of that person or of some person
legally authorized to consent on behalf of that person: A
consent given under a misapprehension of fact, is not true
consent.8
2.3 Section 361:

Kidnapping from lawful guardianship: Whoever takes or
entices any minor under sixteen 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
The offence under this section may be committed in respect of
either a minor or a person of unsound mind. To kidnap a grownup person, therefore would not amount to an offence under it. 9
K.K Singh and R.Bagga, Indian Penal Code, The Law Book Company, Allahabad, 2nd edition, 1994,
pg.3.
9
Ratanlal DhirajLal, Indian Penal Code, LexisNexis Butterworths Wadhwa, Nagpur, 13th Edition
(Reprint 2004 Edition) 2008, pg. 649.
The object of this section is at least as much to protect children

of tender age from being abducted or seduced for improper
purposes, as for the protection of the rights of parents and
guardians having the lawful charge or custody of minors or
insane persons.
Ingredients: This section has four main essentials10:
1. Taking or enticing away a minor person or a person of
unsound mind.
2. Such minor must be under the age of sixteen years, if male,
or under the age of eighteen years, if a female.
3. The taking away or enticing must be out of the keeping of
the lawful guardian of such minor or person of unsound
mind.
4. Such enticing away must be without the consent of the
lawful guardian.
The taking need not be by force, actual or constructive, and it is
immaterial whether the girl consents or not. There must be a
taking of the child out of the possession of the parent. If a child
leaves its parents house for a particular purpose with their
consent, it cannot be said to be out of the parents keeping.
11
The offence of kidnapping from lawful guardianship is complete

when the minor is actually taken from lawful guardianship; it is
not an offence continuing so long as the minor is kept out of
such guardianship. In determining whether a person takes a
minor out of the lawful guardian, the distance to which the
10
Restated in Biswanath Mallick v. State of Orissa, 1995 CrLj 1416 (Ori).

(Reprint 2004 Edition) 2008 at pg. 650.
11
minor is taken away is immaterial. The act of taking is not, in the

proper sense of the term, a continuous act: when once the boy or
girl has been actually taken out of the keeping, the act is a
completed one. If continuous, it would be difficult to say when
the continuous taking ceased; it could only be when the boy or
girl was actually restored to the keeping of the guardian. 12
Enticing is an act of the accused by which the person
kidnapped is induced of his own accord to go to the kidnapper.
The word entice involves an idea of inducement or allurement
by exciting hope or desire in the other. It may take many forms
difficult to visualize. The word Taking in this section means
nothing but physical taking.13
The word keeping implies neither apprehension nor detention
but rather maintenance, protection and control, manifested not
by continual action but as available on necessity arising and this
relation between the minor and the guardian is certainly not
dissolved so long as the minor can at will take advantage of it
and place herself within the sphere of its operation. 14
The guardianship of the mother does not cease while a minor is
in the possession of another person who has been lawfully
entrusted with the care and custody of such minor by the
mother.15If the minor is not in the custody of a lawful guardian,
the offence cannot be committed, whatever the belief of the
12
Ibid.
Basu N.D., Commentary on Indian Penal Code ed. 10th, vol. 2, Ashoka Law House, New Delhi, 2007
pg. 1900
14
Vishnu v. State, 1997 Cr LJ 1724
15
K.K Ali, (1936) 15 Pat 817
13
taker may be. The taking or enticing of the minor out of the
keeping of the legal guardian must be without his consent. The
consent of the minor is immaterial. If a man by false and
fraudulent representation induce the parents of a girl to allow
him to take her away, such taking will amount to kidnapping. In
case of Parkash v. State of Haryana16 it was said that the two
words takes and entices as used in Section 361, IPC are
intended to be read together so that each takes to some extent
its colour and content from the other. If the minor leaves her
paternal home completely uninfluenced by any promise, offer or
inducement emanating from the guilty party, then the latter
cannot be considered to have committed the offence as defined
in Section 361, IPC. Consent given by the guardian after the
commission of the offence would not cure it.
17
The word lawful must be literally construed so as to distinguish

it from legal guardian as a guardian maybe lawful without
being legal. The expression lawfully entrusted signifies that
the care and custody of a minor. Entrustment means the giving,
handing over, or confiding of something by one person to
another.
2.4 Section 363:
Punishment for Kidnapping: Whoever kidnaps any person
from India or from lawful guardianship shall be punished with
imprisonment of either description for a term which may extent
to seven years, and shall also be liable to fine.
16
17
2004 Cr.L.J. 595 SC

Ganesh, (1909) 31 All 448
This section must be read with Section 361. The offence of

kidnapping from lawful guardianship penalized by this section is
the offence which is defined by Section 361. 18 The person against
whom the offence is committed must be under the age of
sixteen, if a male, and under the age of eighteen years if a
female. Where a girl of 23 years of age left her parents of her
own will and married a man, section 363 or 366 was not
attracted.
19
Where in a case of kidnapping the girl deposed that
she had gone with the accused voluntarily, his conviction u/s 363
was set aside.20
18
Ratanlal DhirajLal, Indian Penal Code, LexisNexis Butterworths Wadhwa, Nagpur, 13th Edition (Reprint
2004 Edition) 2008, p. 651
19
Oroos Fatima v Sr. Supdt of Police, Aligarh, 1993 CrLJ 1 (All)
20
Bhajan Lal v. State of U.P, 1996 CrLJ 460 (All)
3. ABDUCTION
As expand kidnapping, abduction is also a crime under Indian
Penal Code it is mentioned in following sections.
3.1 Section 362:
Abduction: Whoever by force compels, or by any deceitful
means induces, any person to go from any place, is said to
abduct that person
This section merely gives a definition of the word abduction
which occurs in some of the penal provisions which follow. There
is no such offence as abduction under the Code, but abduction
with certain intent is an offence. Force or fraud is essential.
Ingredients- this section requires two things21:
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.
Force in Section 362 means actual force and not merely a show
or threat of force. Deceitful means signifies anything intended
to mislead another. It includes inducement and its scope is very
wide. The intention of the accused, one may say, is a gravamen
of the charge. The case of Rabinarayan Das22 is a pointer in
this regard. Here the prosecutrix was blind. She wanted to go to
21
2004 Edition) 2008, p. 657
22
1992 Cri LJ 269 at p.273
her school. However, the petitioner took her to secretariat

premises. Evidence of inducement is not forthcoming and yet
there was nothing to prove that the woman had gone there out
of her volition or free will.23
Abduction is a continuing offence. The abduction of a married
woman comes under section 366 and the actual validity or
otherwise of the marriage is immaterial. Mere abduction without
a criminal intent of one of the kinds specified in the section is
not recognized as an offence.
4. DIFFERENCE BETWEEN KIDNAPPING AND
ABDUCTION
The difference can be understood by the mentioned definition in
a definitive way but to go into dept, when we put the practical
and theoretical implication the following difference comesout in
point
1. Kidnapping is committed only in respect of a minor
under sixteen years of age if male and under eighteen
years if a male or a person of unsound; abduction, in
respect of a person of any age.
2. In Kidnapping, the person kidnapped is removed out of
lawful guardianship. A child without a guardian cannot be
kidnapped. Abduction has reference exclusively to the
person abducted.
3. In Kidnapping, the minor is simply taken away. The means
used may be innocent. In Abduction, force, compulsion, or
deceitful means are used.
23
B.M. Gandhi, Indian Penal Code, Eastern Book Company,Lucknow, 2nd Edition, 2006, p. 528
4. In kidnapping, consent of the person taken or enticed is

immaterial; in abduction, consent of the person moved, if
freely and voluntarily given, condones abduction.
5. In kidnapping the intent of the offender is a wholly
irrelevant consideration: in abduction, it is the important
factor.
6. Kidnapping from guardianship is a substantive offence
under the Code; but abduction is an auxiliary offence, not
punishable by itself, but made criminal only when it is done
with one or other of the intents specified in S.364. 24
24
2004 Edition) 2008, p. 658
5. AGGRAVATED FORMS OF KIDNAPPING AND

ABDUCTION
Sections 363A to 369 are aggravated form of kidnapping and
abduction. Kidnapping is an offence in itself but abduction is not
so the aggravated form not only offence but they are only
liability clause in the statute.
5.1 . Section 363A.

Kidnapping or maiming a minor for purposes of begging:
(1) 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 extend to ten years, and shall also be liable to fine.
(2) 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.
(3) 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.
(4) In this section
(a) Begging means;
(i) Soliciting or receiving alms in a public place, whether under

the pretence of singing, dancing, fortune-telling, performing
tricks or selling articles or otherwise;
(ii) Entering on any private premises for the purpose of soliciting
or receiving alms;
(iii) Exposing or exhibiting, with the object of obtaining or e
extorting alms, any sore, wound, injury, deformity or disease,
whether of himself or of nay other person or of an animal;
(iv) Using a minor as an exhibit for the purpose of soliciting or
receiving alms;
(b) Minor means(i) In the case of a male, a person under sixteen years of age;
and
(ii) In the case of a female, a person under eighteen years of
age.
This Section was inserted in 1959 to put down effectively the evil
of kidnapping children for exploiting them for begging. There
are cases wherein minors are kidnapped are kidnapped and
castrated with a view to make them eunuchs
who could be
useful as professional beggars. The offence under Section 363-A

is triable by a Magistrate of the first class while under 363 A(2)
is triable by a Court of Sessions. Barring this the offence under
363-A is cognizable, not bailable and not compoundable. 25
Although men are also victimized, the overwhelming majority of
those trafficked are women and children. According to official
estimates, between 1 and 2 million women and children are
25
B.M. Gandhi, Indian Penal Code, Eastern Book Company, Lucknow, 2nd Edition, 2006, p. 529
trafficked each year worldwide for forced labour, domestic

servitude, or sexual exploitation. An estimated 50,000 persons
are trafficked each year to the United States. Trafficking is now
considered the third largest source of profits for organized
crime, behind only drugs and guns, generating billions of dollars
annually.
Child Trafficking26 is an inhumane offence against defenseless
and innocent children. Millions of children are forcibly trafficked
or coerced across borders only to be sold in the sex trade, for
illegal adoption, for criminal activities, for work as domestic
servants, beggars, soldiers, or for other purposes. The urgency
to combat trafficking in children is understandable considering
the heinous nature of the phenomenon it is an affront to
principles of human dignity and morality and a severe violation
of basic human rights. Principle 9 of the Geneva Declaration of
Rights of the Child of 1924 states explicitly that the The child
shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.
27
Despite being in existence for centuries, Child Trafficking has

only in recent years emerged as an issue of global concern due
to the worldwide consensus and co-operation to join hands in
fighting
this
heinous
crime;
With
the
amplification
of
international and national legal apparatus, the trafficking of

26
Van Bueren ,The International Law on the Rights of a Child, Kluwer 1989 Trafficking in children
is defined as the recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of
exploitation.
27
Puan Sri Datin Seri N. Saraswathy Devi, Child Trafficking :The Recent emergence of the global issue,
retrieved from http://www.ewla.org/wf_dl/paper_Devi.doc
human beings is perceived to be more than a crime it is a

serious violation of human rights, childrens rights, labour rights
and basic fundamental freedoms. Child Trafficking has become
highly lucrative and increasingly worthwhile as women and
children are considered commodities which can be sold
several times over. With the permeable borders and the
advancement of technology child trafficking has expanded
around the Globe where the routes for trafficking children alter
according to local conditions or supply and demand factors. It is
no longer adequate to say that victims are trafficked from poor
to the wealthier ones.
Violence is not the necessary mode for child trafficking, as has
been often misconceived, as the victims are tricked, deceived,
forced,
sold
by
their
parents
or otherwise coerced
into
situations, which they later cannot escape from. 28
5.2 . Section 364:

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 extend to ten
years, and shall also be liable to fine.
To establish an offence under this section it must be proved that
the person charged with the offence had the intention at the
28
time of the kidnapping or abduction that the person will be

murdered or so disposed of as to be put in danger of being
murdered.29 If no evidence is available on the score, the accused
cannot be convicted under this section.
Where the witnesses
saw the party of the accused persons forcibly taking away a

woman, who was found dead a week later, and though there was
nothing to connect them with the murder, there was evidence of
the body being destroyed by them, they were convicted not of
murder but only under this section and s. 201 for destroying
evidence.30 In another case the two accused and the third person
were seen disappearing together. They had drinks and moved
away. The one who did not return home, his moustache, torn
kurta and a few drops of blood were found by the side of a
swollen river. Whether he was pushed, or he slipped could not be
known. His companions were not convicted under this section. 31
Where the accused persons, on false pretext of repaying the
money to the deceased, induced him to accompany them to a
distant place and after killing him, threw the body in a private
ravine, their conviction under s. 364 along with sections 300 and
201 was upheld.32
In Sacha Singh v. State of Punjab33, during the period of
insurgency, two young Sikh boys were abducted by armed
assailants from their house on a dark night in the sight of their
parents. They were killed within a short while by the abductors.
29
2004 Edition) 2008, p. 660
30
Pati Ram v. State of U.P., 1990 Cr LJ 447 (All.).
31
Mahavir v. State of U.P, 1990 Cr LJ 1605 (All).
32
Valiyaveetil Ashraf v State, 1994 Cr LJ 555 (Ker).
33
2001 Cr LJ 1734 (SC).
The abductors were charged with murder. It was held that when
more persons than one have abducted the victim, who was later
murdered is within the legal province of the court to justifiably
draw a presumption depending on the factual situation that all
the abductors are responsible for murder. Section 34 of the
Penal code could be invoked for the aid to meet the ends of
justice.34
An abducted victim was murdered later on. It was held that the
court can, depending on the factual situation, draw the
presumption that the abductors are responsible for the murder.
It is their responsibility to explain to the court what they had
done with the victim.
35
5.3 . Section 364-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 Government or any foreign
State or international inter-governmental 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.
34
35
S.N. Mishra, Indian Penal Code, Central Law Publications, Allahabad, 14th Edition, 2006 at pg. 583.
Sacha Singh v. State of Punjab, 2001 Cr LJ 1734 (SC).
The kidnapped child was recovered from the custody of the

accused by the raiding party. The letter demanding ransom was
recovered from the pocket of the accused. He had neither posted
it nor contacted any body for the purpose for three days till his
arrest. The court said that there was no demand for ransom. An
offence under this section was not made out. Conviction under
section 363 and 365 was held proper. 36
Hence the ingredients of this section are37:
1. Kidnapping or abducting any person
2. Threatens to cause death or hurt to such person
3. Compelling the Government or any person to pay ransom.
Recent Case:
P. Liaquat Ali Khan v. State of Andhra Pradesh38
A girl named Kearthi aged about 3 years was studying Nursery
class in Sri Lakshmi English Medium School. PW-5 was her class
teacher and PW- 6 the principal of school. PW-1 is grandfather
and PW-2 is father of the said victim minor girl Kearthi. PW-7 is
their driver and PW- 3 is maid servant. On 3-7-2001, PW-7, the
driver dropped the girl at the school at about 8-30 am. At about
8-45 am one person came to her class, informed the PW-5 her
class teacher that parents of the child forgot to give syrup to her
and on his request the girl was sent with him to administer the
same. After noticing that the child has been carried away by
him, the class teacher instructed PW-3 the maid servant to stop
36
Netra Pal v. State (NCT) of Delhi, 2001 Cr LJ 1669 (Del)

38
(2009) 3 Cr. L.J. 3736 (S.C.)
37
him. The said person did not stop though cautioned by PW-3 and
so, she asked PW-8 who was coming by scooter to stop that
person. When PW-8 stopped him and enquired about the matter,
the said person
informed that he was taking the child for
administering syrup and saying so, he boarded a bus and went

away. Thereafter, PW-3 went to shop of PW-4 and enquired from
him who also informed her about the taking away of the child by
said person. Later PW-3 and PW-5 went to PW-6 and informed
about the incident to her, who in turn informed about the
incident to the parents of the child. Parents came to the school,
searched for the child in N.R. Peta area of Krnool and
surrounding places. PW-3 and PW-5 narrated the physical
features of the kidnapper. PW-12 registered the case on the basis
of report and PW-13 took up further investigation.
Later on 4-7-2001 a letter demanding Rs. 1 crore for releasing
the child was received by PW-1, who handed over the same of
PW-13, the investigation officer. On 9-7-2001 another letter
addressed in the name of PW-2 was dropped in the house of PW9 a neighbor of PW-1 demanding Rs.75 Lakhs with instruction to
keep the amount in a bag and place it under a culvert which
letter was also handed over to PW-13. On 10-7-2001 at about 1230 pm on instruction of PW-13 a bag containing paper was
placed at the place desired. Some persons were hiding in a
nearby thorny bushes around the culvert. At about 1 pm the
accused came to that place by a scooter picked up the bag and
when he reached the road constables surrounded and caught
hold of him and on enquiry the accused furnished his particulars.
Thereafter the accused, took the police to a house which was
locked from outsides. The accused opened the doors and led
them to rear side bathroom where the child was found. PW-2
identified the child. Trial court held him guilty and passed the
sentence of life imprisonment. It was held by the Supreme Court
in appeal that section 364-a deals with separate type of offence
where a ransom is distinguishing feature. In this case demand of
ransom has clearly established and the role played by the
accused has been analysed by the Courts below. The child was
recovered on disclosure made by the accused ho had kept him
locked in a house. Therefore the accused was held liable to be
convicted under section 364-A, IPC.
5.4. Section 365:
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,
Section 365 requires an intention to confine a person secretly
and wrongfully. Holding a person to ransom by his abductors is
an offence under this section.
39
Where there was sufficient evidence to show that the victim

woman abducted from her house and then taken to different
places which included confinement to one place until she was
39
B.M. Gandhi, Indian Penal Code, Eastern Book Company,Lucknow, 2nd Edition, 2006 at p.530
recovered by the police, it was held that the accused could be

convicted under this section and S. 368 but not section 366. 40
There was ample evidence to show that the victim was taken
away under deceit and then sold to a brothel house. She was not
a minor at the time of the incident. Therefore, the accused could
not be convicted under S. 366 or 372. They could be convicted
under S.365.41
5.5 Section 366:
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 extend to ten years, and shall
also be liable to fine; and whoever, by means of criminal
intimidation as defined in this Code or of abuse of authority or
any other method of compulsion, induces any woman to go from
any place with intent that she may be, or knowing that it is likely
she will be, forced or seduced to illicit intercourse with another
person shall be punished as aforesaid.
Where a woman has no intention of marriage or lawful
intercourse when kidnapped, this section applies. 42
40
Fiyaz Ahmed v. State of Bihar, 1990 Cr LJ 2241.

Shaik Ramjan v State, 1999 Cr LJ 2161.
42
41
Ingredients: this section requires:

1. Kidnapping or abducting of any woman
2. Such Kidnapping or abducting must bei) 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
ii) 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; or
iii) by means of criminal intimidation or otherwise by
inducing any woman to go from place with the intent
that she may be, or knowing that she will be, forced or
seduced to illicit intercourse.43
It is immaterial whether the woman kidnapped is a married
woman or not.
5.5.1
KIDNAPS OR ABDUCTS ANY WOMAN:
If the girl was eighteen or over, she could only be abducted and
not kidnapped, but if she was under eighteen she could be
kidnapped as well as abducted if the taking was by force or the
taking or enticing was by deceitful means.
44
Voluntarily going
away for marriage is not an offence under this section. Doubts

about age, if not resolved satisfactorily, would go in favor of the
accused.45

Ibid.
44
Nawabkhan v. State, 1990 Cr LJ 1179 (MP)
45
Satish Kumar v. State, 1988 Cr LJ 565 (Del)
43
5.5.2
WITH
THE
INTENT
THAT
SHE
MAY
BE
COMPELLED TO MARRY ANY PERSON AGAINST HER

WILL :
The intention of the accused is the basis and the gravamen of
the offence under this section. The volition, the intention and the
conduct of the woman do not determine the offence; they can
only bear upon the intent with which the accused kidnapped or
abducted the woman.46 Where only confinement was established,
the Supreme Court held that the conviction was possible under
S. 365 and 368 and not 366.47 Once the necessary intent of the
accused is established the offence is complete, whether or not
the accused succeeded in effecting his purpose, and whether or
not in the event the woman consented to the marriage or the
illicit intercourse.48
5.5.3
FORCED
OR
SEDUCED
TO
ILLICIT
INTERCOURSE:
The word forced is used in its ordinary dictionary sense and
includes force by stress of circumstances. The expression
seduced, used in this section and section 366-A, means
inducing a woman to submit to illicit intercourse at any time.
49
Where a girl under eighteen years of age is taken away from the
keeping of her father by the accused with the object of marriage
and section, he is guilty of an offence under this section,
notwithstanding the fact that the girl accompanied him if her
own accord and not as a result of force or misrepresentation.
46
47
Fiyaz Ahmad v. State of Bihar, 1990 Cr LJ 2241
48
Khalil-Ur-rahman, (1933) 11 Ran 213 (FB)
49
Ramesh, (1962) 64 Bom LR 780 (SC)
Mere abduction does not bring an accused under the ambit of

Section 366 of the Indian Penal Code (Kidnapping abducting or
inducing woman to compel her marriage).
Unless the prosecution proves that the abduction is for the
purposes mentioned in Section 366, IPC, the Court cannot hold
the accused guilty and punish him under the section.
The Supreme Court made these observations while hearing an
appeal challenging a conviction under Section 366 of the IPC.
Gabbu was tried for committing offences under Section 366. The
Session Court convicted the accused-appellant under Sections
366
and
sentenced
him
to
undergo
two
years
rigorous
imprisonment. The High Court in the appeal preferred by the

accused appellant confirmed the order of the Session Court
following which the Supreme Court was moved.
A Division Bench comprising Justices S B Sinha and P P
Naolekar, while setting aside the conviction and allowing the
appeal observed that that a mere finding that a mere finding that
a woman was abducted is not enough. It must be further proved
that the accused abducted the woman with an intent that she
may be compelled, or knowing it to be likely that she will be
compelled to marry any person 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. Further,
the Bench observed that is necessary for the prosecution to
prove that the accused induced the complainant-woman or
compelled by force to go from any place that such inducement

was by deceitful means.
While dealing with the instant case the Bench observed that the
prosecutrix had nowhere alleged that she was abducted with the
intention to commit an offence. In overall consideration of the
material placed on record by the prosecution, we do not find that
the prosecution has proved that the accused-appellant has
committed an offence under Section 366, IPC. There is a doubt
as to the place of incident and the motive of the accused in
taking away the prosecutrix. We find it difficult to believe in the
story put up by the prosecutrix that she was forced to leave her
place of residence under a threat by showing a knife to her, the
court also observed. In order to constitute an offence a person
must be carried off.
Recent Case:
State of Maharashtra v. Gajanan @ Hemant Janardhan
Wankhede50
Prosecutrix, who is the daughter of complainant Ambaprasad
Mishra, was residing with the family in Mangilal plots, Amravati.
The accused-respondent was also the resident of the same
locality. The prosecutrix was educated upto 7 th standard and she
had taken her education in Municipal School No. 5 at Amravati.
Her date of birth recorded in official documents was 4.6.1976
and the incident of kidnapping her by the accused took place on
21.4.1991. As such she was aged 14 years, 10 months and 17
days at the time of the incident. On 21.4.1991, the accused sent
a message to prosecutrix through one Sachin and called her to
50
2008 Cr LJ 3549
come with a bag at a place near her school. Accordingly, the

prosecutrix went at that place. Then the accused, prosecutrix
and Sachin went by an autorickshaw to Chinchfail area of
Amravati where the grandmother of the accused was residing.
They reached there at about 1.00 p.m. The accused took his
suitcase.
Then
the
accused
and
prosecutrix
who
were
accompanied by Sachin, arrived by an autorickshaw at Badnera

Railway station. Sachin went back to Amravati from Badnera
Railway Station and the accused and prosecutrix arrived at
Nagpur by train. They reached Nagpur at about 5.00 p.m.
Therefrom they went to Jhansi. They reached Jhansi early in the
morning, i.e. at about 4.00 to 5.00 a.m. At Jhansi, they went to
the house of the sister of the accused namely Lata. They stayed
in one separate room in the house of accuseds sister for about 8
to 10 days. During this period, they used to sleep in that room
and the accused practically on every night performed sexual
intercourse with prosecutrix. Then from Jhansi, the accused and
prosecutrix arrived at Bichona and stayed there in the house of
one Rajput for about 3-4 days and the accused performed sexual
intercourse with the prosecutrix twice. Then from Bichona, both
of them came to Mundai. They resided at Mundai in the house of
one Narmadaprasad for about one and half months. From
Mundai, the accused and prosecutrix arrived at Chinchkhed via
Nagpur and Amravati and stayed in the house of the sister of the
accused for about 4-5 days. Again from Chinchkhed, they went
to Nagpur and stayed in the house of one friend of the accused
for about 20 days. The accused was working as a labourer
during this period. The accused and the prosecutrix then again
came back to Chinchkhed, stayed there for one day and then
went to Katsoor. They stayed at Katsoor at the house of maternal
aunt of the accused for about 4-5 days. Then they came to
Paratwada and therefrom went to village Talegaon where they
stayed with the aunt of the accused. Then from Talegaon, they
went to Delhi. But since the address of the person within whom
they were going to stay at that place was not available, they
returned back to Talegaon. During all these days, the accused
performed sexual intercourse with the prosecutrix. While at
Talegaon, the father of the prosecutrix and Rajapeth (Amravati)
Police arrived there. The statement of the prosecutrix was
recorded and she was taken back.
Meanwhile, immediately on the next day of the occurrence, i.e.
22.4.1991, the father of the prosecutrix on coming to know the
fact about kidnapping his daughter by the accused, had lodged
the report in Police Station Rajapeth, Amravati, on the strength
of which the offence under Sections 363 and 366 IPC was
registered as Crime No. 184 of 1991. Then on 28.8.1991, the
prosecutrix and the accused were traced at Talegaon and
accused was arrested. Prosecutrix was referred to Womens
Hospital, Amravati, for her medical examination. The Medical
Officer concerned examined her and found that her hymen was
ruptured, she was habituated to sexual intercourse and she was
carrying pregnancy of 4 to 6 weeks. On arrest of the accused, he
was also referred for medical examination and the Medical
Officer concerned opined that he was capable of committing
sexual intercourse. The ossification test of the girl was also
carried out and the opinion of the concerned Medical Officer was
that the girl was aged about 14 to 16 years. The radiological
examination of the accused was also performed wherein it was
found that he was aged about 20 years. The necessary
investigation was conducted and on completion of the same the
accused stood charge sheeted for the offences punishable under
Sections 363, 366 and 376 IPC. The conclusions of the High
Court
were
totally
erroneous.
The
High
Court
came
to
presumptuous conclusion about the date of birth of the victim.

The inevitable conclusion was that the judgment of the High
Court is unsustainable, and was set aside. The respondent was
surrendered to custody to serve the remainder of the sentences.
5.6 Section 366 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 extend to ten years,
Sections 366 and 366 B are intended to punish the export
and import of girls for prostitution. Section 366 A deals with
procuration of minor girls from one part of India to another part.
Section 366B makes it an offence to import into India from any
country outside India below the age of twenty one years for the
purpose of prostitution.51
Ingredients:
This section requires two things: 1. inducing a girl under
eighteen years to go from any
place to do an act, 2. intention
or knowledge that such girl will be forced or seduced to illicit

intercourse with a person.
An offence under this section is one of inducement with a
particular object, and when after the inducement the offenders
offer the girl to several persons a fresh offence is not committed
at every fresh offer for sale.
1. Seduced: The word seduced is used in the ordinary
sense of enticing or tempting irrespective of whether the
minor girl has been previously compelled or has
submitted to illicit intercourse.
2.
Age: It is necessary to prove the age of the prosecutrix

to be below 18 years. In this case, the school certificate
was considered to be the best evidence.
Predominantly, women and children are trafficked in for the

sexual trade.
The lack of employment in their native countries, force women
and children into illegal migration, through migrant traffickers
who offer package deals. Deceptive means such as false
promises of careers in business, factories and households, are
used to lure the women and children to being trafficked. They
51
are inevitably then found imprisoned in brothels. In many cases,

the women are lured to foreign countries in the hope of
obtaining legitimate work, where they are then paid salaries and
the poverty eventually forces them to resort to prostitution or to
prostitute themselves under duress.52
The trafficking of children is usually by way of kidnapping or
abduction, once abducted, threats and acts of violence are used
to hold on to the victims.
In Thailand for instance, brothel
managers employ agents to collect photos of young girls as they

go to school. The girls are then selected by the managers and
upon selection the girls are ordered by them for the agents to
kidnap.
Aside from the kidnapping or abduction, Asian Countries have
also faced the poverty driven selling of daughters by the
impoverished families to agents for sometimes as low as
US$200 a child, which children are then re-sold to traffickers.
The sale of the girl child by her family, due to poverty, in turn
places the financial burden of supporting her family on the girl
child. Such trafficking is an example of non-violent trafficking of
children.
Also of large incidence is where the agents pose as
potential husbands used to deceive the family of the girl child

into believing the girl child and her rich husband will take over
their financial burden, inevitably however, the girl child is then
either sold to traffickers or forced into prostitution.
52
However,
one must remember that it benefits the traffickers to keep their

victims in a foreign environment where not only are they
vulnerable for having entered a country illegally, but are also
disadvantaged because of their ignorance of the law, culture and
language of that country.53
For women and girls additional protection is provided in the
Immoral Traffic Prevention
Act. This act was amended in 1956
to provide for more severe penalties for offences involving

children and minors. Under this act anyone who detains a
woman or girl in a brothel or on any other premise with the
intent that the female person shall have sexual intercourse with
other persons is liable to punishment. To facilitate prosecution,
certain
circumstances
are
presumed
to
constitute
illegal
detainment. Thus if someone is found with a child in a brothel or

a child that has been sexually assaulted is found in a brothel it is
presumed that the child is illegally detained. Offenders are liable
to a prison term from 7 years to life. These strict liability
provisions allow for a higher possibility of curbing the offence,
which would otherwise not be possible without the reversal of
the burden of proof as has often happened in drug-related
offences.54
Recent Case:
Manjappa v. State of Karnataka55,
53
54
Ibid
55
(2010) IV Cr.L.J. 4729 (s.c.)
On 03.04.1997, Hanumanthappa, father of the victim, lodged a

complaint alleging that his daughter Shilpa, aged 13 years, was
kidnapped
by
the
appellants
i.e.
Vijay
M.S.Balakrishna
Madiwalar and Manjappa herein on 24.01.1997 at about 11.00

a.m. from his house and they had taken her to Bombay with an
intention to force her to have illicit intercourse and thereafter,
had sold the victim to Shanta at Bombay for Rs.5000/- for the
purpose of prostitution and for immoral purposes. On the
strength of the said complaint, Kumarapatnam Police registered
a case in Crime No. 41 of 1997 and started investigation. On
24.04.1997, on receiving information about the victim, the
Investigation Officer had gone to Bombay along with the panch
witnesses and the complainant, traced out the girl and the
appellants herein and returned to Kumarapatnam Police Station
on 27.04.1997. The same day, the statement of the victim Shilpa
was recorded and she was sent to the C.G. Hospital Davanagere
for medical examination. The appellants herein and Shanta were
arrested on 27.04.1997 and charged for the commission of the
offences punishable under Sections 366A, 372, 373 read with 34
I.P.C. The prosecution examined six witnesses in support of its
case
and
marked
several
documents.
The
session
judge
convicted the Shanta and Madiwalar but acquitted the Manjappa

for section 366-A, 372 and 373 r/w 34 of IPC. In appeal by state
in high court the sentence of Shanta and Madiwalar was
increased to 7 year imprisonment and fine of Rs. 50,000/- and
convicted Manjappa with same. The supreme court confirmed
the sentence of high court and rejected the appeal of Madiwalar
And Manjappa for reduction of sentence.
5.7. Section 366B:

Importation of girl from foreign country: Whoever imports
into India from any country outside India 3or from the State of
Jammu and Kashmir any girl under the age of twenty-one 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
extend to ten years and shall also be liable to fine.
The Select Committee in their Report observed: the case of
girls imported from a foreign country we propose to deal with by
the insertion of a new section 366 B in the Code. We are
unanimously of opinion that the requirements of the Convention
will be substantially met by penalizing the importation of girls
from a foreign country. At the same time we have so worded the
clause as to prevent its being made a dead-letter by the adoption
of the course of
importing the girl first into an Indian State. 56 After the coming
into force of the Constitution of India this section was amended
to bring it in accord with the changed circumstances. 57
5.8
Section 367:
Kidnapping or abducting in order to subject person to

grievous hurt, slavery, etc: Whoever kidnaps or abducts any
person in order that such person may be subjected, or may be so
disposed of as to be put in danger of being subject to grievous
56
57
Gazette of India, dated February 10, 1923, Part V, p.79

B.M. Gandhi, Indian Penal Code, Eastern Book Company,Lucknow, 2nd Edition, 2006 at p.536
hurt, or slavery, or to unnatural lust of any person, or knowing it

to be likely that such person will be so subjected or disposed of,
shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to
fine.
5.9
Section 368:
Wrongfully
concealing
or
keeping
kidnapped or abducted person:
in
confinement,
Whoever, knowing that any
person has been kidnapped or has been abducted, 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.
This section does not apply to the principal offender but to those
persons who assist him in concealing any person who has been
kidnapped. A kidnapper cannot be convicted under this section. 58
Ingredients of this section:
1.The person in question has been kidnapped
2.The
accused
knew
that
the
said
person
had
been
kidnapped.
3.The accused having such knowledge wrongfully conceals or
confines the person concerned.
58
Fiyaz Ahmed v. State of Bihar, 1990 Cr LJ 2241
Apart from direct evidence these ingredients can be proved by

facts and circumstances of a particular case. 59 In Saroj Kumari
case60 the appellant was found in possession of a newborn child.
On asking, no explanation was given by her. She pretended to
conceal the child and claim it to be hers. It was a fact that she
had not delivered in the recent past. Since all the ingredients
were established she was held to be guilty of the offence.
Knowledge of the assailant is the most important factor here.
For all practical and legal purposes, knowledge means the state
of mind entertained by a person with regard to existing facts
which he has himself observed, or the existence of which has
been communicated to him by a person he has no reason to
doubt.61
5.10 Section 369:
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 extend to seven years, and shall also be liable to
fine.
This section is intended to protect enticing away of children
from their parents in order to steal ornaments from the children.
The offence being a serious one, punishment is 7 years
imprisonment and fine. It may however be noted that the offence
59
Saroj Kumari, 1973 Cr LJ 267

(1973) 3 SCC 669
61
B.M Gandhi, Indian Penal Code, Eastern Book Company, Lucknow,2nd Edition, 2006,p.537.
60
under 363 is included in this section. 62 The offence is cognizable,

non bailable, not compoundable and triable by a first class
Magistrate.
62
B.M Gandhi, Indian Penal Code, Eastern Book Company, Lucknow,2nd Edition, 2006,p.537.
6. SLAVERY AND FORCED LABOUR

Section 370 - Whoever imports, export, 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 extend to seven years and shall also be liable to
fine.
Section
371
Whoever
habitually
imports,
exports,
removes, buys, sells, traffics or deals in slaves, shall be

punished with 1[imprisonment for life] or with imprisonment
of either description for a term not exceeding the years, and
shall also be liable to fine.
Section 372 - Whoever sells, lets to hire, or otherwise
disposes of any 1[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 extend to ten years, and shall be liable to fine.
Explanation 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.
Explanation II
For the purposes of this section "illicit intercourse" means
sexual 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 belong to
different
communities,
of
both
such
communities,
as
constituting between them a quasi -marital relation.

7. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956
With a view to implement International Convention signed at
New York on the 9th May, 1950, the suppression of immoral
traffic in woman and girls bill, 1950 was introduced in the
Lok Sabha on the 20th December, 1954, by the then Minister K.N.
Katju.
In 1950 the Government of India ratified an International
Convention for the Suppression of Immoral Traffic in Persons
and the Exploitation of the Prostitution of others. Under Article
23 of the Convention, traffic in human beings is prohibited and
any contravention of the prohibition is an offence punishable by
law. Under Article 35 such a law has to be passed by Parliament

as soon as may be after the commencement of the Constitution.
Legislation on the subject of suppression of immoral traffic does
exist in a few States but the laws are neither uniform nor do they
go far enough. In the remaining States there is no bar on the
subject at all. In the circumstances it is necessary and desirable
that a Central law should be passed which will not only secure
uniformity but also would be sufficiently deterrent for the
purpose. But a special feature of the Bill is that it provides that
no person or authority other than the State Government shall
establish or maintain any protective home except under a license
issued
by
the
State
Government.
This
will
check
the
establishment of homes which are really dens for prostitution 63

The Immoral Traffic (Prevention) Amendment Bill, 2006 amends
the Immoral Traffic (Prevention) Act, 1956 to combat trafficking
and sexual exploitation for commercial purposes. The Bill deletes
provisions that analyze prostitutes for soliciting clients. It
analyzes any person visiting a brothel for the purpose of sexual
exploitation of trafficked victims. All offences listed in the Bill
would be tried in camera, i.e., the public would be excluded from
attending the trial. While prostitution is not an offence,
practicing it in a brothel or within 200 m of any public place is
illegal. There seems to be a lack of clarity on whether
prostitution ought to be a legitimate way of earning a living if
entered into by choice. Penalizing clients who visit prostitutes
could drive this sector underground, preventing legal channels
63
http://socialwelfare.delhigovt.nic.in/immoraltraffact1.htm,
of support to victims of trafficking. This Bill punishes trafficking

for the purpose of prostitution. Trafficking for other purposes
(such as bonded labor and domestic work) is not covered by the
Bill. The Bill aims to combat trafficking in persons for sexual
exploitation. It does not prohibit prostitution. It addresses the
issue of trafficking through both supply side (by measures to
punish traffickers) and demand side (penalties for clients)
mechanisms. There are three issues that need to be considered.
First, whether prostitution ought to be a legitimate way of
earning a living if the person enters or stays in the profession
out of choice. Second, whether the demand side mechanism of
punishing clients would be the best way to tackle trafficking.
Third, whether trafficking in persons for purposes other than
sexual
exploitation
would
be
analyzes.
These
issues
are
discussed below.64
7.1 Legality of prostitution:

The Bill defines prostitution as sexual exploitation or abuse of
persons for commercial purposes and a brothel as any house
or place which is used for purposes of sexual exploitation for the
gain of another person or for the mutual gain of two or more
prostitutes. Although the Bill does not analyze an individual if he
is in prostitution for his own profit, it analyzes prostitution if
carried on in a brothel or from any public place within 200
meters of an educational institution, place of religious worship,
hotel, hospital, nursing home or any public place notified by the
Commissioner of Police or Magistrate. Such clauses, while
64
www.indiatogether.org/2006/oct/law-immoral.htm,
technically
not
prohibiting
prostitution,
make
it
almost
impossible for a person to operate as a prostitute. Thus, the Bill

lacks clarity on whether prostitution ought to be a legitimate
way of earning a living if the person enters or stays in the
profession out of choice.65
7.2 Punishing Clients:

The Bill seeks to analyze any person who visits a brothel for the
purpose of sexual exploitation of a trafficked victim. The issues
that arise out of such a provision are as follows. It would be
difficult for a person visiting a brothel to distinguish between a
trafficked person and a non-trafficked person. A person is
analyzes only if he sexually exploits a trafficked victim. If the
victim is not trafficked, the client would not be analyzes. Any
person visiting or found in a brothel can be analyzes if the
purpose of the visit is sexual exploitation of a trafficked victim.
However, as the term sexual exploitation is not defined in the
Bill, it could lead to harassment of every person who visits a
brothel irrespective of the object of his visit. International
experience suggests that the provision to analyze clients may not
be an effective way to curb sexual exploitation. For example,
Sweden views prostitution as an aspect of male violence against
women and children and analyzes the act of purchasing sexual
services. There is a view that this provision has moved the trade
underground.
7.3 Trafficking Limited To Prostitution:

65
Ibid
India is a signatory to the UN Protocol to Prevent, Suppress and

Punish Trafficking in Persons Especially Women and Children,
supplementing
the
UN
Convention
against
Transnational
Organized Crime. This Protocol defines trafficking in persons as

the recruitment, transportation, transfer, harboring or receipt of
persons, by means of the threat or use of force. Exploitation
shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labor or
services, slavery or practices similar to slavery, servitude or the
removal of organs.
66
8. STATISTICS
2006 2008
There has been a significant rise in kidnapping cases owing to
the rising prosperity together with inadequate law enforcement.
In 2006, the latest period for which data is available, the number
of reported abductions jumped 52 percent to 23,991, from
15,750 in 2005, ranking India sixth among 10 countries with the
worst record for kidnappings, according to the National Crime
Records Bureau. Uttar Pradesh recorded the highest number of
kidnappings at 3,318 in 2006, followed by Bihar and Andhra
Pradesh at 2,619 and 2,030, respectively. The rise in kidnapping
incidents comes at a time when domestic and overseas
companies are expanding in the hinterland, where the law
enforcement machinery is often not able to provide adequate
protection to their employees. Madhya Pradesh, Maharashtra,
Uttar Pradesh and Chhattisgarh (997) have accounted for 24.8,
66
www.indiatogether.org/2006/oct/law-immoral.htm,
15.4, 12.0 and 6.7 per cent of total crimes respectively against
children at the national level.
Procuration of Minor Girls (Sec. 366A IPC) 205 cases were
reported in the year 2008 as compared to 145 such cases in
2007, accounting for 29.3% increase over 2007. Andhra Pradesh
has reported 48 such cases indicating a share of 33.1 percent at
national level. In absolute numbers, these cases registered a fall
to 48 against 60 in 2007 in case of Andhra Pradesh and 9 in
2008 from 32 in 2007 in Uttaranchal. A minor increase of 0.1 per
cent was noticed in Kerala (20 cases in 2007 increased to 21
cases in 2008). 28 cases of Buying of girls and 50 cases of
Selling of girls for Prostitution were reported in the country
during 2007 against 21 and 19 such cases respectively in 2008.
Andhra
Pradesh
&
Delhi
with
32.1%
each
along
with
Maharashtra 21.4 accounted for 85.6% (24 cases) of total cases

of Buying of Girls and West Bengal has accounted for 88.0% (44
cases) of the total cases of Selling of Girls for Prostitution
reported in the country. Incidence of kidnapping and abduction
of women and girls recorded an increase of 9.4% from 2004 to
2008.67
There has been a significant rise in kidnapping cases owing to
the rising prosperity together with inadequate law enforcement.
In 2006, the number of reported abductions jumped 52 percent
to 23,991, from 15,750 in 2005, ranking India sixth among 10
countries with the worst record for kidnappings, according to
the National Crime Records Bureau.
67
http://ncrb.nic.in/cii2007/cii-2007/CHAP6.pdf,
2009-2011
The following table can be taken into account to understand the
level of crime of kidnapping and abduction in India during the
period of 2008-2011 in all India level, and in states of Haryana,
Punjab and Union Territory of Chandigarh.
State and Year
Haryana
Punjab
Chandigarh
India
2009
916
692
40
33860
2010
963
789
38
38440
2011
959
681
58
44664
In 2011 total no. of cases under Indian Penal Code relating to

offence
of
Kidnapping
and
abduction
were
44664
which
amounted to 1.9 percent of total crimes under Indian Penal

Code. Out of these in 2011, Kidnapping and abduction of women
and girls amounted to 35565 which was 1.5 percent of total no.
of crimes in Indian Penal Code. Rate of crime was 3.7 percent
for kidnapping and abduction whereas chargesheeting rate and
convictional
rate
was
70.5
percent
and
27.3
percent
respectively.68
Further the following table can be very helpful in understanding
and comparing the data of states of Haryana, Punjab and
Chandigarh regarding Kidnapping and Abduction during the
year of 201169:
State/
68
Case
No. of Cases
Cas
Total
Case
Cases Cas
http://ncrb.nic.in/CD-CII2011/cii-2011/figure%20at%20a%20glance.pdf and
http://ncrb.nic.in/cii2007/cii-2007/CHAP6.pdf
69
http://ncrb.nic.in/CD-CII2011/Additional%20table%20cii%202011/Cases%20registered%20and%20their
%20disposal%20under%20IPC%20crimes%20during%20-%202011%20final.xls
UT
cases
Repo withdr
not
es
cases
investi
decl
wher
convi tted
pen
cted
and
ding
disch
Tria
ared e
acqui
es
rted
awn by gated
duri
the
or
ng
govt.
which
e on sheet
the
during
investi
acco laid
the
year
Investi
gation
unt
and
end
gation
was
of
final
of
refuse
mist
repor
year
ake
of
subm
fact
itted
in fals
charg
arged l
at
or
Harya
959
law
300
na
Punja
681
174
b
Chan
58
625
432
72
360
376
60
176
135
15
32
10
14
7
50
192
966
3238
4001
1068
950
74
digar
h
India
4466 197
4
CONCLUSION
Essential to combating trafficking of children is the co-operation
between the legal systems, the government bodies and the nongovernment bodies around the globe. The passing of deterrent
laws for the trafficker, as opposed to the victim is a step towards
reducing the occurrence of trafficking in children, however one
must bear in mind that the criminal mind will always find its
ways to circumvent the laws passed.
Most societies are plagued by the malady of child trafficking,
making it today a global phenomenon yet it remains somewhat
unknown.
The
exact
magnitude
of
the
offence
is
not
represented in terms of data and statistics and the exact modes

of perpetration are still oblivion. There is lack of awareness
amongst citizens possibly due to the chauvinism of state
authorities to disclose ills that affect national dignity and
recklessness.
Co-operation amongst countries need to be fostered to counter
this phenomenon, for instance by uniformity in penal provisions
between countries which would be a welcome consideration to
reciprocal
enforcement
trafficking
which
is
of
mainly
protection
a
and
prevention
cross-border
crime.
in
This
uniformity can be achieved through ratification of international

instruments and national implementation of these international
humanitarian instruments relating to trafficking of children.
BIBLIOGRAPHY
BOOKS REFERRED:
1. Gandhi B.M, Indian Penal Code, Eastern Book Company, Lucknow, 2nd
Edition, 2006.
2. DhirajLal Ratanlal, Indian Penal Code, LexisNexis Butterworths Wadhwa,
Nagpur, 13th Edition (Reprint 2004 Edition), 2008.
3. Singh K.K and Bagga R., Indian Penal Code, The Law Book Company,
Allahabad, 2nd edition, 1994
4. Mishra S.N., Indian Penal Code, Central Law Publications, Allahabad,14th
Edition. 2006.
5. Basu N.D., Commentary on Indian Penal Code ed. 10 th, vol. 2, Ashoka Law
House, New Delhi, 2007
6. Sarvaria SK, RA Nelsons Indian Penal Code ed. 9 th , Vol. 3, LexisNexis
Butterworths Publications, New Delhi
7. Walker, Oxford Companion to Law, Oxford Publications, New Delhi, 20th
Edition, 1980,
Articles Referred:
1. Puan Sri Datin Seri N. Saraswathy Devi, Child Trafficking :The Recent
emergence of the global issue
2. Van Bueren ,The International Law on the Rights of a Child, Kluwer 1989
ONLINE SOURCES:
1. http://www.man.org.np/mdcampus/ppt/17-Kidnapping%20and%20extortionRanendra%20Man.ppt.
2. http://www.indiatogether.org/2006/oct/law-immoral.htm.
3. http://socialwelfare.delhigovt.nic.in/immoraltraffact1.htm.
4. http://www.manupatra.com.
5. http://www.vakilno1.com/bareacts/IndianPenalCode/S366B.htm.
6. http://www.ewla.org/wf_dl/paper_Devi.doc.
7. http://ncrb.nic.in/cii2007/cii-2007/CHAP6.pdf.
8. http://ncrb.nic.in/CD-CII2011/Additional%20table%20cii%202011/Cases
%20registered%20and%20their%20disposal%20under%20IPC%20crimes
%20during%20-%202011%20final.xls
9. http://ncrb.nic.in/cii2007/cii-2007/CHAP6.pdf
10. http://ncrb.nic.in/CD-CII2011/cii-2011/figure%20at%20a%20glance.pdf
Other References:
1.
Gazette of India, dated February 10, 1923, Part V
2.
Blacks law Dictionary

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Kidnapping and Abduction

INDIAN PENAL CODE PROJECT SUBMISSION

4. Difference between kidnapping and abduction

5. Aggravated forms of kidnapping and abduction

6. Slavery and Forced Labour

7. The Immoral Traffic (prevention) Act, 1956

The term criminal law generally refers to substantive criminal

II. History: The first civilizations generally did not distinguish

After the revival of Roman law in the 12th century, sixth-century

foundations of the distinction between criminal and civil law in

misdemeanors. Crimes are generally referred to as offenses

Criminal law in India means offenses against the state, it

A body of rules and statutes that defines conduct prohibited by

The term criminal law means crimes that may establish

Crimes are usually categorized as felonies or misdemeanors

considered a part of criminal law.

III. Definition Of Crime: Many jurists have defined crime in

based definition of crime, points out that the definition of crime

Blackstone defined crime as an act committed or omitted in

Stephen observed a crime is a violation of a right considered

Oxford Dictionary defines crime as an act punishable by law

So the first element of crime is a human being who- must be

incorporated or not. The word person includes artificial or

Mens Rea- The second important essential element of a crime is

Injury- The fourth requirement of a crime is injury to another

person or to the society at large. The injury should be illegally

V. Stages Of A Crime If a person commits a crime voluntarily or

commission of a crime. It means to arrange the necessary

failed to prove that the preparations in the question were made

If A purchases a pistol and keeps the same in his pocket duly

commit any offence is not punishable but in some exceptional

Preparation to wage war against the Government - Section 122,

Preparation to commit depredation on territories of a power at

Possessing counterfeit coins, false weight or measurement and

possessor can plead that he is still at the stage of preparationSections

commission of a crime after the preparation is made. According

Some act done towards the commission of the offence;

Attempt Under The Indian Penal Code, 1860- The Indian

specific offences have been dealt with separately and separate

Thirdly, attempt to commit suicide is punished under section

4. Accomplishment Or Completion- The last stage in the

INDIAN PENAL CODE - AN INTRODUCTION

(a) It consists of three words, namely :

arrangement, systemisation and promulgation of a body of laws

Indian Penal Code

Criminal Procedure Code

(vii) Civil Procedure Code

development of law in British India.The Charter Act of

later on Lord Macaulay, became its President. The first task

penal code for India. A draft Code was drawn up and

I.P.C. its nature

Scheme of the Code

The Code is broadly divided into twenty-three Chapters.

To be more precise, the Code at present contains 26

Each Chapter is again sub-divided into several Sections.

Each Section has been given a numeral figure for

The last Section of the IPC bears the number 511.

Many Sections have been added and several Sections have

There are two broad divisions of the Code, they are :

General Principles and

Specific offences may be roughly categorised under two

The general principles are embodied in Chapters I, II, III,