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270 lays down the penalty for kidnapping and enumerates when
the detention becomes serious. The concept is of American origin
1. To kidnap is to forcibly take a person from he has a right to be ( such as his place
of work, residence, rest and recreation, school, street, park or public place) and
bring him to another. The taking is always without the consent of the victim.
Kidnapping need not be followed by detention as where the talking was only to
briefly restrain the victim. It is usually for ransom.
2. To detain is to deprive a person of his liberty or restrict his freedom of
locomotion or movement, and may not involve a kidnapping. This includes the
following situations:
a). Lock up or actual physical deprivation of the personal liberty by confinement in
an enclosure
b). immobilizing the victim though he has not been placed din an enclosure
c). by placing physical, moral or psychological restraint on his freedom of
locomotion or movement
d). The detention may either be Serious Art. 267 or Slight ( Art. 268)
VI. Distinguished from Other Crimes Which Involved Detention and Taking
Away of a Person
2. Abduction- where the taking away of the woman against her will (Forcible
Abduction) or by artifice upon a minor girl (Consented Abduction)) was with lewd
designs, which was present at the very moment of the taking away, as it was the
purpose thereof.