Intention to murder or put the victim at a risk of being murdered necessary to constitute as crime of kidnapping under S. 364 IPC

High Court of Jharkhand: The Division Bench comprising of H.C. Mishra and B.B. Mangalmurti, JJ., recently heard an appeal against the acquittal of the respondent who had been accused under Sections 364 and 34 of the Penal Code.

The appellant’s son had been taken forcibly by the respondents owing to certain prevailing land disputes between the two parties. The appellants had alleged that the respondents had broken into their house by breaking through the thatched roof and kidnapped the son which after examining the evidence on record, was found to be untrue by the Trial Court and hence, the accused was acquitted of the charges framed against him.

The Court observed that the victim himself had testified that he had been forcibly taken away from his house for 20-21 days and eventually brought near the Deoghar Court and left by the accused. It noted that Section 364 of the Penal code mandates the intention of murdering the victim or putting him in the danger of being murdered, for the offence to be labeled as kidnapping under the impugned section. Since, the evidence showed that the victim had been left near the Deoghar Court after a few days, it was obvious that no intention to kill had been present in the minds of the accused and hence, offence under Section 364 Penal Code, couldn’t be made out. Thus, the appeal was dismissed. [Kamruddin Sheikh v. State of Jharkhand, 2018 SCC OnLine Jhar 123, order dated 26.2.2018]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.