Supreme Court Said Whoever Treats The Kidnapper Well Cannot Punish The Kidnapper With Life Imprisonment

The Supreme Court has given a very important decision regarding the kidnapping case. The Supreme Court has held that if the kidnapper did not assault the kidnapped person, did not threaten to kill him and behaved decently with him, then the kidnapper will not be punished with life imprisonment under Section 364A of the Indian Penal Code. can be given.

A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the verdict of the Telangana High Court convicting an auto driver accused in a kidnapping case. The auto driver had kidnapped a minor and demanded a ransom of Rs 2 lakh from his father.

Three things have to be proved to be convicted
The court said that in order to convict the accused under section 364A (kidnapping and ransom), three things are required to be proved by the prosecution. He said that these three things are – kidnapping or holding a person hostage, threatening to kill or assaulting the kidnapper, doing something by the kidnapper which gives rise to the apprehension that the government, any other country, any The victim may be harmed or killed in order to pressurize a government organization or to pressure another person to pay a ransom.

Referring to the punishment of life imprisonment or death sentence under section 364A, the court said that in addition to the first condition, the second or the third condition also has to be proved, otherwise one cannot be convicted under this section.

The Supreme Court has given a very important decision regarding the kidnapping case. The Supreme Court has held that if the kidnapper did not assault the kidnapped person, did not threaten to kill him and behaved decently with him, then the kidnapper will not be punished with life imprisonment under Section 364A of the Indian Penal Code. can be given.

A bench of Justices Ashok Bhushan and R Subhash Reddy made the observation while setting aside the verdict of the Telangana High Court convicting an auto driver accused in a kidnapping case. The auto driver had kidnapped a minor and demanded a ransom of Rs 2 lakh from his father.

Three things have to be proved to be convicted

The court said that in order to convict the accused under section 364A (kidnapping and ransom), three things are required to be proved by the prosecution. He said that these three things are – kidnapping or holding a person hostage, threatening to kill or assaulting the kidnapper, doing something by the kidnapper which gives rise to the apprehension that the government, any other country, any The victim may be harmed or killed in order to pressurize a government organization or to pressure another person to pay a ransom.

Referring to the punishment of life imprisonment or death sentence under section 364A, the court said that in addition to the first condition, the second or the third condition also has to be proved, otherwise one cannot be convicted under this section.