A by force compels B, a person aged 35 years and of sound mind to go from Mumbai. to Goa. Has A committed the offence of ‘kidnapping’ defined under Section 361? Give reasons.

Question: A by force compels B, a person aged 35 years and of sound mind to go from Mumbai. to Goa. Has A committed the offence of ‘kidnapping’ defined under Section 361? Give reasons.

Find the answer to the mains question only on Legal Bites. [A by force compels B, a person aged 35 years and of sound mind to go from Mumbai. to Goa. Has A committed the offence of ‘kidnapping’ defined under Section 361? Give reasons.]

Answer

No. A has not committed the offence of ‘kidnapping’ but of abduction under Section 362, IPC.

Section 362 deals with Abduction. It states,

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 defines the term ‘abduction’. Therefore, abduction per se is not an offence under the IPC. It is an offence when it is accompanied by certain intent to commit another offence.

The essential ingredients of this section are:

1. forcible compulsion or inducement by deceitful means and
2. the objects of such compulsion or inducement must be the going of a person from any place.

Force or Deceitful Means:

For conviction under this section, the law requires there must be the use of actual force and not mere threat to show force. But when a victim is threatened with a pistol to make her go along with the accused is said to be abducted under this section.

Further, if a person uses deceitful means in an alternative to abduct a person is also said to be an offence under this section.

To go From a Place:

In the offence of Abduction, the movement of a person being abducted is necessary. Abduction is a continuing offence and requires not only moving the victim from one place but also the one being moved from one place to another.

If a kidnapped victim escapes the kidnappers and when found a police constable, he instead of helping her, keeps her with him until he receives money from her mother to hand her over. This act too was said to be abduction as defined under this section.

So, based on the ingredients of the provision under Section 362, IPC when A, by force, compels B, a person aged 35 years and of sound mind to go from Mumbai to Goa is said to have abducted B, but not committed any offence because the intent as per the facts is not to commit an offence.

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