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1 - 10 of 14 (0.25 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 304B in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 364A in The Indian Penal Code, 1860 [Entire Act]
Section 361 in The Indian Penal Code, 1860 [Entire Act]
Section 362 in The Indian Penal Code, 1860 [Entire Act]
State Of West Bengal vs Mir Mohammad Omar & Ors on 29 August, 2000
A careful reading of
Section 364 of I.P.C. along with the
illustrations appended thereto
shows that kidnapping or
abduction, which Section 364,
I.P.C. envisages, must be with the
intention to commit his murder or
with the knowledge that the
person, kidnapped or abducted,
would be put to danger of being
murdered. Section 364, I.P.C., In
fact, shows that if the kidnapping
or abduction is with an intention
Patna High Court CR. APP (SJ) No.600 of 2005 dt.21-04-2026
21/25
that the person, kidnapped or
abducted, be murdered or if the
person is kidnapped or abducted
with the knowledge that the victim
is likely to be put to danger of
being murdered, offence under
Section 364, I. P. C. would be
complete irrespective of the fact
as to whether the victim is,
eventually or actually, murdered
or not. It is explicit that
kidnapping or abduction is a basic
and necessary ingredient to
attract penal provisions of Section
364, I.P.C. The gravamen of the
charge under Section 364, I.P.C. is
that kidnapping or abduction has
to be either with the intention to
murder the victim or with the
knowledge that the victim is likely
to be murdered. Some glimpses of
this proposition of law can be had
from an analytical reading of the
observations of the Apex Court in
State of West Bengal v. Mir
Mohammad Omar and Ors.
Chandeshwar Prasad Singh @ Chandeshwar ... vs State Of Bihar & Anr on 28 June, 2017
20. The Learned Amicus curiae relied on
the citation of the judgment of this Court in case of
Chandeshwar Singh and Anr Vs. State of
Bihar, reported in 2013 SCC OnLine Pat 116,
wherein it has held as follows: