What is Section 364 IPC? Kidnapping or abducting in order to murder
Published on: Lawiz Team
Learn about Section 364 IPC: Kidnapping or abducting in order to murder
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 364 punishes anyone who kidnaps or abducts a person with the intention of causing their death or of being murdered.
Purpose
To ensure severe punishment for anyone who kidnaps or abducts with the intent to cause death or murder.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or rigorous imprisonment up to 10 years, and fine.
Key Elements
1. The victim must be kidnapped or abducted. 2. The intent must be to cause death or murder. 3. The act must be done without lawful justification.
Punishment Details
Imprisonment for life, or rigorous imprisonment for a term of up to 10 years, and a fine.
Illustrative Example
If a person is kidnapped and taken to a remote area with the intention of being killed, it is an offence under Section 364.
Legal Defenses
If the accused can prove that the person was not kidnapped or there was no intention to cause death, they may be acquitted.
Related Sections
Related to Section 302 (Murder) and Section 363 (Punishment for Kidnapping).
FAQs
What does Section 364 IPC cover?
Kidnapping or abducting a person with intent to murder.
Punishment under Section 364 IPC?
Imprisonment for life or rigorous imprisonment up to 10 years and fine.
Cognizable?
Yes, cognizable and non-bailable.
Example?
Abducting a businessman with intent to kill him for ransom.
How to lodge complaint?
Police FIR immediately after incident.
Court jurisdiction?
Sessions Court jurisdiction.
Available defence?
Absence of intention to kill.