(1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine..
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine..
(4) 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 subjected to grievous hurt, or slavery, or to the 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.
Simplified Explanation
Bharatiya Nyaya Sanhita: Section 140 – Kidnapping or Abducting in Order to Murder or for Ransom, etc.
Section 140 of the Bharatiya Nyaya Sanhita, 2023 addresses various serious offenses related to kidnapping or abduction with the intent to harm or exploit the victim. This section deals specifically with situations where the intent behind kidnapping or abduction is to murder, subject the victim to harm, or use them for ransom or other criminal activities. It outlines punishments for various degrees of such offenses and provides strong deterrents against such criminal acts.
Detailed Breakdown of Section 140
Subsection (1) – Kidnapping for Murder or Risk of Murder
- Offense:
- This provision criminalizes the act of kidnapping or abducting a person with the intent to murder them or place them in danger of being murdered.
- It applies in cases where the offender takes a person with the purpose of sacrificing them, killing them, or putting them in a situation where they are at risk of being killed.
- Punishment:
- The punishment for this offense is life imprisonment or rigorous imprisonment for a term that can extend to ten years.
- Additionally, the offender will also be liable to a fine.
- Illustrations:
- (a) If A kidnaps Z intending to sacrifice them to an idol, A has committed the offense of kidnapping for murder.
- (b) If A forcibly carries B away to murder them, A has committed the offense as defined in this section.
Subsection (2) – Kidnapping for Ransom or Threatening Death
- Offense:
- This subsection deals with cases where the kidnapper’s intent is to demand a ransom or to compel a government, foreign state, international organization, or any other person to do something (such as pay money or perform an action) by threatening harm.
- It covers situations where the offender threatens death or hurt, creates a reasonable apprehension that the victim will be killed or harmed, or actually causes death or harm to the victim in the process of extorting ransom or forcing compliance.
- Punishment:
- This offense is punishable with death or life imprisonment.
- The offender will also be liable to a fine.
Subsection (3) – Kidnapping to Cause Secret and Wrongful Confinement
- Offense:
- This provision criminalizes the act of kidnapping or abducting a person with the intent to subject them to secret and wrongful confinement. This means the victim is unlawfully detained and kept out of sight, often to avoid detection or for nefarious purposes.
- Punishment:
- The punishment for this offense is imprisonment of either description (rigorous or simple) for a term which can extend to seven years.
- The offender will also be liable to a fine.
Subsection (4) – Kidnapping for Grievous Harm, Slavery, or Unnatural Lust
- Offense:
- This subsection deals with cases where the intent behind kidnapping or abducting a person is to subject them to grievous hurt, slavery, or unnatural lust. It also applies to situations where the kidnapper knows that the victim is likely to be subjected to such exploitation or harm.
- The intent could be for forced labor (slavery), causing serious physical harm (grievous hurt), or subjecting the victim to sexual exploitation (unnatural lust).
- Punishment:
- The punishment for this offense is imprisonment of either description for a term that can extend to ten years.
- The offender will also be liable to a fine.
Purpose and Impact of Section 140
- Prevention of Grave Crimes:
- Section 140 aims to protect individuals from being kidnapped for the purpose of exploitation or murder, whether it is for sacrifice, ransom, or other criminal purposes. The section covers a wide range of potential abuses, including grievous harm, slavery, and sexual exploitation.
- Deterrence:
- The penalties prescribed under this section, including life imprisonment, rigorous imprisonment, and even death in certain circumstances, serve as a strong deterrent against such serious crimes. The section seeks to prevent individuals from kidnapping others with the intent to cause irreparable harm or exploitation.
- Protection of Victims:
- The provision is specifically aimed at protecting vulnerable individuals, particularly those who might be kidnapped for illegal purposes, ensuring that the law imposes severe penalties on those who would harm or exploit others in this way.
- Punitive Measures for High-Risk Crimes:
- The section imposes severe consequences for acts of kidnapping that are linked to extreme criminal behavior such as murder, exploitation, and ransom demands. This is intended to address the grave nature of these crimes, which involve not just the abduction but the potential for significant harm or loss of life.
Summary
Section 140 of the Bharatiya Nyaya Sanhita, 2023 deals with the serious offense of kidnapping or abduction for various criminal purposes, such as murder, ransom, grievous harm, slavery, or sexual exploitation. The section is structured as follows:
- Subsection (1) criminalizes kidnapping with the intent to murder or put the victim in danger of being murdered, carrying punishments of life imprisonment or rigorous imprisonment for up to ten years and a fine.
- Subsection (2) targets kidnapping with the intent to demand ransom or to threaten death or harm in order to coerce actions, punishable by death or life imprisonment and a fine.
- Subsection (3) punishes kidnapping for the wrongful confinement of a person, with imprisonment of up to seven years and a fine.
- Subsection (4) addresses kidnapping for the purpose of grievous harm, slavery, or sexual exploitation, with punishments extending up to ten years in prison and a fine.
This section serves as a strong legal safeguard to prevent the exploitation of individuals through kidnapping, offering severe punishments to deter such criminal activity.
