What is Section 364A IPC? Kidnapping for ransom
Published on: Lawiz Team
Learn about Section 364A IPC: Kidnapping for ransom
Official Legal Text
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 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 punished with death, or imprisonment for life, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 364A punishes anyone who kidnaps or abducts a person with the intention of demanding ransom, threatening to harm or kill them.
Purpose
To prevent the crime of kidnapping for ransom and ensure severe punishment for such offences.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Death or imprisonment for life, and fine.
Key Elements
1. The victim must be kidnapped or abducted. 2. There must be a demand for ransom. 3. There must be a threat to harm or kill the victim if ransom is not paid.
Punishment Details
Death penalty or imprisonment for life, and may also include a fine.
Illustrative Example
If a person kidnaps a child and demands money from the parents, threatening to kill the child if ransom is not paid, it is an offence under Section 364A.
Legal Defenses
If the accused can prove that the person was not kidnapped or that there was no ransom demand, they may be acquitted.
Related Sections
Related to Section 364 (Kidnapping to murder) and Section 365 (Kidnapping to confine).
FAQs
What is Section 364A IPC?
Kidnapping for ransom, or to compel government or others to act under threat.
Punishment for 364A IPC?
Death or imprisonment for life, and fine.
Is it cognizable?
Yes, cognizable and non-bailable.
Example of offence?
Kidnapping a child and demanding huge ransom.
Where to complain?
File FIR at nearest police station immediately.
Court handling?
Sessions Court.
Possible defences?
Proving no demand for ransom or false implication.