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Kidnapping or abducting in order to murder or for ransom etc
BNS Section 140 pertains to kidnapping or abduction with the intent to murder, cause grievous hurt, or hold for ransom.
(1) 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.
Illustrations
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
(2) 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 organisation 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.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Key Points
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Kidnapping for Murder (Clause 1):
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Offense: Kidnapping or abducting someone with the intent or knowledge that the person may be murdered or put in danger of being murdered.
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Punishment: Imprisonment for life or rigorous imprisonment for up to 10 years, along with a fine.
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Example (a): Kidnapping someone for ritual sacrifice.
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Example (b): Forcibly taking someone with the intent of murder.
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Kidnapping for Ransom (Clause 2):
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Offense: Kidnapping someone and detaining them, threatening to harm or kill them to compel someone (like a government or individual) to act or pay a ransom.
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Punishment: Death penalty or life imprisonment, along with a fine.
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Wrongful Confinement (Clause 3):
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Offense: Kidnapping with the intent to wrongfully and secretly confine someone.
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Punishment: Imprisonment for up to 7 years, along with a fine.
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Grievous Hurt, Slavery, or Unnatural Lust (Clause 4):
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Offense: Kidnapping or abducting someone with the intent to cause grievous harm, subjecting them to slavery, or unnatural lust.
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Punishment: Imprisonment for up to 10 years, along with a fine.
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Offence : Kidnapping or abducting in order to murder.
Punishment : Imprisonment for life, or rigorous imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
Offence : Kidnapping for ransom, etc.
Punishment : Death, or imprisonment for life and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
Offence : Kidnapping or abducting with intent secretly and wrongfully to confine a person.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
Offence : Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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