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May 9, 2004

 

Of Abduction and kidnapping


Law Desk

Very recently unusual downswing of the law and order situation in the society has prompted rampant criminal activities. The countrywide different criminal activities, especially abduction of businessmen and kindnapping of children one after the other has worried the business community and the mass people as well.

Abduction becomes a criminal act when it is done with the intents specified in sections 364, 365 and 366 of the Penal Code. Whoever by force compels, or by any deceitful means induces any person to go from any place is said to abduct that person. The force or fraud must have been practised upon the person and he or she must be removed from one place to another by forcefully and unwillingly.

The crime of abduction requires two ingredients:
Firstly, forcible compulsion or inducement by deceitful means.

Secondly, the object of such compulsion or inducement must be the going of a person from one place.

On the other side Kidnapping literally means child stealing. Under the Penal Code kidnapping means carrying away any human being regardless of age and sex. Kidnapping is of two kinds: Kidnapping from Bangladesh and kidnapping from lawful guardianship. Kidnapping from Bangladesh means that the offence will be completed only when the limits of Bangladesh are crossed. Section 361 of Penal Code elaborates kidnapping from lawful guardianship. If any minor under fourteen years of age of a male and under sixteen years of age of a female or any person of unsound mind is taken away without the consent of a lawful guardian will be considered as kidnapping. The word "taking" does not mean a continuing or continuous act. The taking which constitutes the offence as soon as the minor is removed from the keeping of the lawful guardian. In case of taking away, the consent of the minor or the consent of the guardian of that minor if given under misrepresentation is immaterial and ineffective before the court.

Punishments
Section 363 to 374 of the Penal Code has defined the nature and requirements of the crime above mentioned and fixed punishments regarding the seriousness of the offence. Whoever kidnaps any person from Bangladesh or from lawful guardianship shall be punished with imprisonment for a term, which may extend to seven years and shall also be liable to fine.

When kidnapping or abduction is done in order to murder, the accused shall be punished with lifetime imprisonment or rigorous imprisonment of ten years and at the same time also be liable to fine. Kidnapping or abducting a person under the age of ten, in an attempt to be murdered or subjected to grievous hurt or slavery then the punishment shall be death or lifetime imprisonment or rigorous imprisonment for a term of fourteen years and not less than seven years.

Whenever the crime deals with the kidnapping or abduction of a woman with the intention of forcibly marrying her or seducing her to illicit intercourse, the accused shall be punished with fine and also be imprisonment for a term which may extend to ten years.

Moreover if anybody kidnaps or abducts a child below the age of ten years with the intention of taking dishonestly any moveable property, shall be punished for a term of maximum seven years of imprisonment and also be liable to fine.