1. Section 359-374 of the Indian Penal Code deals with kidnapping, abduction, slavery and forced labor.
2. Kidnapping refers to the action of taking a person by force, threat, or deceit and holding them captive against their will. Kidnapping may be done for ransom, personal agenda or political reasons.
4.1. Kidnapping from India, and
4.2. Kidnapping from lawful guardianship.
5. Section 360 IPC defines kidnapping from India. It states that, whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally allowed to consent on behalf of that person, is said to kidnap that person from India.
6. Section 361 IPC defines kidnapping from lawful guardianship. It states that- Whoever takes or entices any minor under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or from lawful guardianship.
The words lawful guardian in this section refers to any person lawfully entrusted with the care of custody of such minor.
7. Section 361 does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child unless such act is committed for an immoral or unlawful purpose.
8. Section 362 IPC defines abduction. It states that- Whoever by force compels or by any deceitful means induces any person to go from any place is said to abduct that person.
9. Section 363 IPC defines punishment for kidnapping. It states that- Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment extending to three years, and shall also be liable to fine. This is a cognizable and bailable offense.
1. Whoever kidnaps a minor or, not being the lawful guardian of a minor, gets the custody of the minor, to use such minor for begging shall be punishable with imprisonment extending to ten years, and shall also be liable to fine.
2. Whoever maims any minor to employ or use such minor for begging shall be punishable with imprisonment for life, and shall also be liable to fine.
1. Soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or
2. Entering any private premises for the purpose of soliciting or receiving alms;
3. Exposing or exhibiting, with the object of getting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or animal;
4. Using a minor as an exhibit for the purpose of soliciting or receiving alms
1. In the case of a male, a person under sixteen years of age and
2. In the case of a female, a person under eighteen years of age.
12. Section 364 IPC defines punishment for kidnapping or abducting in order to murder. It states that- 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 with rigorous imprisonment extending to ten years, and shall also be liable to fine. This is a cognizable and non-bailable offense.
13. Section 364A IPC defines kidnapping for ransom. It states that- 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 to compel the government or any foreign state or intergovernmental organization or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or life imprisonment, and shall also be liable to fine.
14. Section 365 IPC defines kidnapping or abducting with intent secretly and wrongfully to confine a person. It states that- Whoever kidnaps or abducts any person with the intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment extending to seven years, and shall also be liable to fine.
15. Section 366 IPC defines kidnapping, abducting or inducing a woman to compel her marriage. It states that- Whoever kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, shall be punished with imprisonment extending to ten years and shall also be liable to fine.
And whoever, by criminal intimidation, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
16. Section 366A IPC defines the procuration of a minor girl. Whoever, by any means, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such a girl maybe, or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall be punishable with imprisonment extending to ten years, and shall also be liable to fine.
17. Section 366B IPC defines punishment for the importation of girls from foreign countries. Whoever imports into India from any country outside India any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment extending to ten years, and shall also be liable to fine.
18. Section 367 IPC defines Kidnapping or abducting to subject a person to grievous hurt or slavery. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be 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 a person will be so subjected or disposed of, shall be punished with imprisonment extending to ten years, and shall also be liable to fine.
19. Section 368 IPC defines wrongfully concealing or keeping in confinement, kidnapped or abducted person. Whoever, knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person, shall be punished as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
20. Section 369 IPC defines kidnapping or abducting a child under ten years with the intent to steal from its person. Whoever kidnaps or abducts any child under the age of ten years intending to take any dishonestly any movable property from the person of such child, shall be punished with imprisonment extending to seven years and shall also be liable to fine.
21. Section 370 IPC describes trafficking of persons. Whoever, for exploitation recruits, transports, harbours, transfers, or receives a person(s) by
1. Using threats or
2. Using force or
3. By abduction or
4. By practicing fraud, or deception or
5.By abuse of power, or
6. By inducement, including the giving or receiving of payments or benefits, to achieve the consent of any person having control over the person trafficked.
1. Whoever commits the offense of trafficking shall be punished with rigorous imprisonment for a minimum of seven years and a maximum of ten years and shall also be liable to fine.
2. Where the offense involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a minimum of ten years and extending up to imprisonment for life.
3. Where the offence involves trafficking of a minor, it shall be punishable with rigorous imprisonment for a minimum of ten years extending up to imprisonment for life.
4. Where the offence involves trafficking of more than minor, it shall be punishable with rigorous imprisonment for a minimum of 14 years extending to imprisonment for life.
5. If a person is convicted of the offence of trafficking of minors on over one occasion, then he shall be punished with life imprisonment and shall also be liable to fine.
6. When a public servant is involved in the trafficking of any person, then he shall be punished with life imprisonment and shall also be liable to fine.
1. Whoever, knowing or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a minimum of five years and extending up to seven years and shall also be liable to fine.
2. Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with imprisonment for a minimum of three years extending to five years and shall also be liable to fine.
24. Section 371 IPC deals with habitual dealing in slaves. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life or with imprisonment extending to ten years and shall also be liable to fine.
25. Section 372 IPC deals with selling minors for prostitution. Whoever sells, hire, otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such a person will at any age be employed for any purpose, shall be punished with imprisonment extending to ten years and shall also be liable to fine.
26. Section 373 IPC deals with buying minor for purposes of prostitution. Whoever buys, hires or obtains possession of any person under the age of eighteen years with intent that such person at any age be used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose shall be punished with imprisonment extending to ten years and shall also be liable to fine.
27. Section 374 IPC deals with unlawful compulsory labor. Whoever unlawfully compels any person to labor against the will of that person, shall be punishable with imprisonment extending to one year, or with fine, or with both.