Kidnapping for Ransom

Source: Chhattisgarh High Court 

Why in News?  

Recently, the Chhattisgarh High Court in the matter of Yogesh Sahu and Anr v. State of Chhattisgarh has held that no conviction can be made out under Section 364A of the Indian Penal Code, 1860 (IPC) unless it is proved by the prosecution that kidnapping was coupled with ransom demand and life threat. 

What was the Background of Yogesh Sahu and Anr v. State of Chhattisgarh Case?  

• Case of the prosecution, in brief, is that a report was lodged by the complainant Bhagwanta Sahu, that at about 06:30 pm on 3rd April 2022, the appellants - Yogesh Sahu and Nandu came to his house and said that they wanted to see a car, then they sat with him in the vehicle Maestro.  
• The appellants took him from Patan to Raveli village, there they held him as a hostage in their house and told him to tell his wife to bring the remaining money from Ghazi Khan, only then would he be released and kept him tied with a chain inside the room. 
• On 7th April 2022, his wife Radha told Yogesh Sahu that Ghazi Khan has deposited two lakh rupees, and he is giving cheque for the remaining amount, leave Bhagwanta.  
• After completion of investigation, on 6th May 2022 a charge-sheet was submitted against the appellants before the Trial Court.  
• The Trial Court upon appreciation of oral and documentary evidence available on record, convicted and sentenced the appellants with a direction to run all the sentences concurrently in the following manner:  

• Thereafter, a criminal appeal has been filed before the Chhattisgarh High Court, challenging the judgment of the Trial Court.  
• The High Court allowed the appeal, and the appellants are acquitted of the charge under Sections 364A, 343 and 323/34 of the IPC levelled against them.  

What were the Court’s Observations?  

• A bench of Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput observed that no conviction can be made out under Section 364A of IPC unless it is proved by the prosecution that kidnapping was coupled with ransom demand and life threat. 
• The Court further noted that it is not a case of ransom because the appellants have not called her to pay ransom from her in lieu of leaving her husband and it is possible that her husband and the appellants have made planning to receive the rest of the amount of the truck from Gazi khan.  

What are the Relevant Legal Provisions Involved in it? 

Offence of Kidnapping 

About: 

• In criminal law kidnapping is the unlawful abduction and confinement of a person against their will. 
• Kidnapping is a criminal offence that violates an individual’s Fundamental Right to Life and Liberty enshrined under Article 21 of the Constitution of India, 1950 (COI). 

Key Elements of Kidnapping:  

• Elements to constitute the offence of Kidnapping are: 
  • Taking Away or enticing- Kidnapping involves either physically taking away or enticing someone away from their lawful guardianship or place of safety. 
  • Without consent- The action must be done without the consent of the person or their lawful guardian. 
  • Intent- There must be an intention to commit the offence. 

Kidnapping under IPC 

• Section 359 of IPC states that Kidnapping is of two kinds:  
  • kidnapping from India 
  • kidnapping from lawful guardianship 
• Section 360 of IPC defines Kidnapping from India.  
  • This Section states that whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India. 
• Section 361 of IPC defines Kidnapping from lawful guardianship.  
  • It states that 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. 
  • Exception: This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 
• Section 363 of IPC states the punishment for Kidnapping from India and from lawful guardianship with imprisonment of either description which may extend to seven years and shall also be liable for fine. 

Kidnapping under Bharatiya Nyaya Sanhita, 2023 

• Section 137 of Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the offence of Kidnapping. It states that- 

(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship––  

(a) 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;  

(b) Whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.  

Explanation.––The words “lawful guardian” in this clause includes any person lawfully entrusted with the care or custody of such child or other person.  

Exception. —This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.  

(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. 

Kidnapping for Ransom 

• Section 364A of IPC deals with kidnapping for ransom, etc.-  
  • It states that anyone who kidnaps, abducts, detains a person or causes or threatens to cause death or hurt in order to compel the government to do an act or abstain from doing any act or to pay ransom shall be punished with death, imprisonment for life and fine. 
• Section 140(2) of BNS deals with Kidnapping for ransom, etc.- 
  • It states that 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 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. 

Case Laws 

• In Prakash v. State of Haryana (2004), Supreme Court observed that under Sec 361 of IPC the consent of the minor who is taken or enticed is wholly immaterial. It is only the guardian's consent which takes the case out of its purview. Also, it is not necessary that taking or enticing must be by force or fraud. Persuasion by accused creating willingness on part of minor is sufficient to attract this section. 
• In S. Varadarajan v. State of Madras (1965), the Supreme Court noted that ‘taking’ and ‘allowing’ a minor to accompany a person should not be regarded as the same thing.