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.
IPC Simplified Explanation
IPC Section 364 of the Indian Penal Code deals with the offence of “kidnapping or abducting to murder.” This section applies when an individual kidnaps or abducts someone with the intent of causing that person to be secretly and wrongfully confined or murdered. The essence of this offence is the intention behind the kidnapping or abduction, which is to commit murder or to place the victim in circumstances where they are likely to be murdered.
Key elements of this section include:
- Kidnapping or Abduction: The person must kidnap or abduct another individual.
- Intent: The act of kidnapping or abduction must be done with the specific intent to cause the victim to be secretly and wrongfully confined or to be put in a situation where they are likely to be murdered.
Is IPC Section 364 Bailable?
IPC Section 364 is a non-bailable offence. Given the grave nature of the offence, which involves the potential risk of murder following the kidnapping or abduction, the accused must appear before a court to seek bail.
IPC Section 364 Punishment
The Punishment under IPC Section 364 for kidnapping or abducting to murder includes:
- Imprisonment: Rigorous imprisonment for a term that may extend to ten years.
- Fine: The individual is also liable to a fine.
The severity of the Punishment reflects the grave threat to life and safety posed by such offences.
Example of IPC Section 364
A real-life example of IPC Section 364 involved a case where a group of criminals kidnapped a businessman with the intent to demand a ransom. The kidnappers planned to murder the businessman if their ransom demands were not met. Fortunately, the police intervened and rescued the victim before any harm could be done. The criminals were charged under IPC Section 364 for kidnapping with the intent to murder. The court found them guilty, sentenced them to rigorous imprisonment, and imposed a fine. This case highlighted the severe legal consequences of kidnapping with the intent to endanger the victim’s life.
