Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Neeraj Sharma v. The State of Chhattisgarh has held that for an act of kidnapping or abduction, prosecution must prove the demand of ransom, coupled with the threat to life of a person who has been kidnapped or abducted.

What is the Background of Neeraj Sharma v. The State of Chhattisgarh Case?

• In this case, the appellants had abducted a Class 12^th student.
• The abduction, as per the prosecution, was for ransom, and a dastardly attempt was also made by the accused to kill the victim, although the victim miraculously escaped, but not before sustaining grievous injuries, which eventually led to the amputation of his right leg.
• During the night, when the complainant was trying to ease himself, the two appellants attempted to kill him by throttling his neck by the clutch wire of the motorcycle. As a result, the complainant fell on the ground unconscious, and the appellants thinking that the complainant had died, poured petrol on his body and set him on fire.
• The complainant managed to escape and was taken to hospital.
• The Trial Court convicted the appellants for an offence under section 364A of the Indian Penal Code, 1860 (IPC) which has also been upheld by the High Court of Chhattisgarh.
• Thereafter, an appeal was filed before the Supreme Court.
• Allowing the appeal, the Supreme Court set aside the judgment of the Trial Court and the High Court.

What were the Court’s Observations?

• Justices Sudhanshu Dhulia and Satish Chandra Sharma observed that the necessary ingredients which the prosecution must prove, beyond a reasonable doubt, before the Court are not only an act of kidnapping or abduction but thereafter the demand of ransom, coupled with the threat to life of a person who has been kidnapped or abducted, must be there.
• The Court further stated that in order to come under the ambit of Section 364A, something more than abduction is required, which is the demand of ransom. We do not find that there was a demand for ransom as alleged by the prosecution. There is no worthwhile evidence placed by the prosecution in this regard.
• Therefore, the Court converted the findings of conviction under Section 364A to that of Section 364 IPC.

What are the Relevant Legal Provisions Involved in it?

Section 364A, IPC

• Section 364A of IPC deals with the offence of kidnapping for ransom, etc. ­
• This section was inserted in the Indian Penal Code with effect from 22^nd May 1993.
• It states that whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens 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 intergovernmental organization or any other person to do or abstain from doing any act or to pay a ransom, shall be punished with death, or imprisonment for life, and shall also be liable to fine.
• The Supreme Court in the case of Vikram Singh vs. Union of India, (2015) held that Section 364­A IPC has three distinct components.
  • The person concerned kidnaps or abducts or keeps the victim in detention after kidnapping or abduction.
  • Threatens to cause death or hurt or causes apprehension of death or hurt or actually hurts or causes death.
  • The kidnapping, abduction or detention and the threats of death or hurt, apprehension for such death or hurt or actual death or hurt is caused to coerce the person concerned or someone else to do something or to forbear from doing something or to pay ransom.

Section 364, IPC

• This section deals with kidnapping or abducting in order to murder.
• It states that 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.