Here are some sections relating to what kidnapping and abduction against women tackled in India.

Section 359: Kidnapping  

This section deals with the kinds of Kidnapping.

1. Kidnapping from India (section 360)

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person is said to kidnap that person from India.

2. Kidnapping from Lawful Guardianship (section 361)

Whoever takes or entices any minor under (16) years of age if a male, or under (18) years of age of a female, or any person of unsound mind, out of the keeping of the lawful guardian (any person who is lawfully entrusted with care and custody of such minor or other person) of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.”

Exception: If the act done in good faith.

Punishment: Upto 7 yr + fine.

Section 362: Abduction

Whoever by force compels or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Offences against women relating to Kidnapping & Abduction

366 – Kidnapping, Abducting or inducing women to compel her marriage, etc.

366A – Procuration of minor girl.

366B – Importation of girl from foreign country.

372 – Selling Minor for purposes of prostitution, etc.

373 – Buying minor for purposes of prostitution, etc.

Section 366 – Kidnapping, Abducting or inducing women to compel her marriage, etc

Whoever kidnaps or abducts any woman with:-

(1). Intent that she may be compelled, or

(2). 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, or
• Knowing it to be likely that she will be forced or seduced to illicit intercourse
• Whoever,

– By means of criminal intimidation as defined in this Code or

– Of abuse of authority or any other method of compulsion,

– 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

• Punishable as said in this section.

Punishment: Upto 10 yr + fine

Classification: Offence under this section is cognizable, non-bailable and non-compoundable and is triable by the Court of Session.

Case Law: Moniram Hazarika V. State of Assam 2004 Cr LJ 2553 (SC)

The accused was known to the family of the minor and was on visiting terms. He developed intimacy with the minor and promised to marry her. It was on the basis of the promise that the minor abandoned her lawful guardian and went away with the accused. The evidence also showed that on that date preparation for marriage was already made in the house of accused. The Supreme Court held that this amounts to enticement and the accused is liable to be convicted U/S 366.

When added: Section 366A & Section 366B were added by the Indian penal code (Amendment) act, 1923 with a view to give effect to certain articles of the international convention for the suppression of the traffic in women and children signed at Paris in 1910.

Section 366A – Procuration of minor girl.

Whoever, by any means whatsoever:-

• Induces any minor girl under the age of 18 years
• to go from any place or
• to do any act
• Intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person.

Punishment: Imprisonment upto 10 yr + fine

Classification: Offence under this section is cognizable, non-bailable and non-compoundable and is triable by the Court of Session.

Concerned Ministry: Ministry of Home Affairs.

Concerned Department: Department of Internal Security.

Case law: Manjappa V. State of Kerala 2010 Cr LJ 4729 (SC)

Theaccused took a minor girl to a far away place & sold her for illegal & immoral purpose. The Supreme Court said that he deserved a deterrent punishment & so a sentence U/S 366A, 372 &373 of the code of 7 years + fine.

Section 366B – Importation of girl from foreign country.

• Whoever imports into India from any country outside India or from the State of Jammu and Kashmir.
• 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.

Punishment: Imprisonment Upto 10 years + fine.

Classification: Offence under this section is cognizable, non-bailable and non-compoundable and is triable by the Court of Session.

Concerned Ministry: Ministry of Home Affairs.

Concerned Department: Department of Internal Security.

Lacuna: BothSection 366A & Section 366B does not state as to whether the imprisonment is simple or rigorous, this is the lacuna in these sections.

Section 372- Selling Minor for purposes of prostitution.

Whoever,

• Sells,
• Lets to hire, or
• Otherwise disposes of

Any person under the age of 18 years with intent that such person shall at any age

• Be employed, or
• Used for the purpose of prostitution, or
• Illicit intercourse with any person, or
• For any unlawful and immoral purpose, or
• Knowing it to be likely that such person will at any age.

Be employed or used for any such purposes.

Punishment: Imprisonment Upto 10 years + fine.

Classification: Offence under this section is cognizable, non-bailable and non-compoundable and is triable by the Court of Session.

Concerned Ministry: Ministry of Home Affairs.

Concerned Department: Department of Internal Security.

Case law: State of Madhya Pradesh V. P.K. Jain 2005 Cr LJ 877 (MP)

High court observed that doctors in nursing home s who, contrary to all the norms of professional ethics, sell a recently born child without ascertaining satisfactorily the purpose for which the child is being purchased and without taking proper precautions to ensure that the child may not fall in undesirable hands, prima facie, be imputed with the knowledge that the child, at some stage, is likely to be employed or used for any unlawful or immoral purpose. It has to be taken notice of the word “likely” in the section denotes “Probability” and not “Certainty”. Thus this offence is made out clearly against doctors, nurse and cashier in the hospital who were caught red-handed while selling a newly born child of an unwed mother in the hospital.

Explanation: When a female under the age of 18 yr is-

• Sold,
• Let for hire, or
• Otherwise disposed of to a prostitute or
• To any person who keeps or manages or
• A brothel,

The person so disposing of such female shall, until the contrary is proved, be Presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Section 373 – Buying minor for purposes of prostitution, etc.

Whoever,

• Buys,
• Hires or
• Otherwise obtains possession of

Any person under the age of 18 years with intent that such person shall at any age

• Be employed or
• Used for the purpose of prostitution or
• Illicit intercourse with any person or
• For any unlawful and immoral purpose, or
• Knowing it to be likely that such person will at any age.

Be employed or used for any such purposes.

Punishment: Imprisonment Upto 10 years + fine.

Classification: Offence under this section is cognizable, non-bailable and non-compoundable and is triable by the Court of Session.

Concerned Ministry: Ministry of Home Affairs.

Concerned Department: Department of Internal Security.

Explanation ( section 372&373):

Explanation to this section will come into picture only when the accused is a –

• Prostitute
• A keeper
• Manager of a brothel

At the time he/she obtain the possession of a girl (under 18 yr of age).

Relation between 373 & 372:

Section 372 penalises sale, letting to hire or otherwise disposal of a person under 18 yrs of age with a certain intention or knowledge, section 373 punishes buying, hiring or otherwise obtaining possession of such a person with the same intention or knowledge. In this way both the sections are complementary to each other. A seller is thus guilty U/S 372 while a buyer is guilty U/S 373.