Kidnapping and Abduction

CRIMINAL LAW FACULTY OF LAW JAMIA MILLIA ISLAMIA

SUBMITTED BY Farhan Ghazi B. A. LL.B. (Hons.) Class: 2nd yr SUBMITTED TO M!"# Ro"$ %$!g&$"$

INDIAN PENAL CODE PROJECT SUBMISSION

Page 1

Table of Contents
1. Introduction 2. Kidnapping 3. Abduction 4. Difference between kidnapping and abduction 5. Aggravated forms of kidnapping and abduction . !"aver# and $orced %abour &. '(e Immora" 'raffic )prevention* Act+ 195 ,. !tatistics 9. -onc"usion 1.. /ib"iograp(# 1 2 9 11 12 32 33 3 39 4.

BACKGROUND -rimina" "aw is a bod# of ru"es and statutes t(at defines conduct pro(ibited b# t(e state because it t(reatens and (arms pub"ic safet# and we"fare and t(at estab"is(es punis(ment to be imposed for t(e commission of suc( acts. -rimina" "aw differs from civi" "aw+ w(ose emp(asis is more on dispute reso"ution t(an in punis(ment. '(e term crimina" "aw genera""# refers to substantive crimina" "aws. !ubstantive crimina" "aws define crimes and prescribe punis(ments. In contrast+ -rimina" 0rocedure describes t(e process t(roug( w(ic( t(e crimina" "aws are enforced. $or e1amp"e+ t(e "aw pro(ibiting murder is a substantive crimina" "aw. '(e manner in w(ic( state enforces t(is substantive "aw2t(roug( t(e gat(ering of evidence and prosecution2is genera""# considered a procedura" matter. II. History: '(e first civi"i3ations genera""# did not distinguis( between civi" "aw and

crimina" "aw. '(e first written codes of "aw were designed b# t(e !umerians around 21..42.5. /-. Anot(er important ear"# code was t(e -ode 5ammurabi+ w(ic( formed t(e core of /ab#"onian "aw. '(ese ear"# "ega" codes did not separate pena" and civi" "aws. 6f t(e ear"# crimina" "aws of Ancient 7reece on"# fragments survive+ e.g. t(ose of !o"on and Draco.

After t(e reviva" of 8oman "aw in t(e 12t( centur#+ si1t(4centur# 8oman c"assifications and 9urisprudence provided t(e foundations of t(e distinction between crimina" and civi" "aw in :uropean "aw from t(en unti" t(e present time.

'(e first signs of t(e modern distinction between crimes and civi" matters emerged during t(e ;orman invasion of :ng"and. '(e specia" notion of crimina" pena"t#+ at "east concerning :urope+ arose in !panis( %ate !co"asticism+ w(en t(e t(eo"ogica" notion of 7od<s pena"t# )poena aeterna* t(at was inf"icted so"e"# for a gui"t# mind+ became transfused into canon "aw first and+ fina""#+ to secu"ar crimina" "aw. '(e deve"opment of t(e state dispensing 9ustice in a court c"ear"# emerged in t(e eig(teent( centur# w(en :uropean countries began maintaining po"ice services. $rom t(is point+ crimina" "aw (ad forma"i3ed t(e mec(anisms for enforcement+ w(ic( a""owed for its deve"opment as a discernib"e entit#. -rimina" "aw governs crimes+ inc"uding fe"onies and misdemeanors. -rimes are genera""# referred to as offenses against t(e state. '(e standard of proof for crimes is =be#ond a reasonab"e doubt.= $or information on particu"ar crimes or issues surrounding t(e crimina" "aw+ p"ease se"ect from one of t(e topics be"ow. -rimina" "aw in India means offenses against t(e state+ it inc"udes fe"onies and misdemeanors. '(e standard of proof for crimes is =be#ond a reasonab"e doubt.= -rimina" "aw is governed b# Indian pena" -ode+ -rpc+ evicence Act etc. A bod# of ru"es and statutes t(at defines conduct pro(ibited b# t(e government because it t(reatens and (arms pub"ic safet# and we"fare and t(at estab"is(es punis(ment to be imposed for t(e commission of suc( acts.

'(e term crimina" "aw means crimes t(at ma# estab"is( punis(ments. In contrast+ -rimina" 0rocedure describes t(e process t(roug( w(ic( t(e crimina" "aws are enforced. $or e1amp"e+ t(e "aw pro(ibiting murder is a substantive crimina" "aw. '(e manner in w(ic( government enforces t(is substantive "aw t(roug( t(e gat(ering of evidence and prosecution is genera""# considered a procedura" matter.

-rimes are usua""# categori3ed as fe"onies or misdemeanors based on t(eir nature and t(e ma1imum punis(ment t(at can be imposed. A fe"on# invo"ves serious misconduct t(at is punis(ab"e b# deat( or b# imprisonment for more t(an one #ear. >ost state crimina" "aws subdivide fe"onies into different c"asses wit( var#ing degrees of punis(ment. -rimes t(at do not amount to fe"onies are misdemeanors or vio"ations. A misdemeanor is misconduct for w(ic( t(e "aw prescribes punis(ment of no more t(an one #ear in prison. %esser offenses+ suc( as traffic and parking infractions+ are often ca""ed vio"ations and are considered a part of crimina" "aw. III. Definition Of Crime: >an# 9urists (ave defined crime in t(eir own wa#s some of w(ic( are as under. it is ver# difficu"t to give a correct and precise definition of crime+ 7"anvi""e ?i""iams+ admitted t(e impossibi"it# of (aving a workab"e content based definition of crime+ points out t(at t(e definition of crime is one of t(e s(arp inte""ectua" prob"em of "aw. %ikewise Russell a"so admitted t(at @ to define crime is a task w(ic( so far (as not been satisfactori"# accomp"is(ed b# an# writer. !uc( a difficu"t# in u"timate ana"#sis arises due to t(e c(anging nature of crime+ an outcome of eAua""# d#namic crimina" and pena" po"ic# of a state. 5owever some socio"ogists+ perceiving crime as a socia" p(enomenon fee" t(at crimina" "aw in a sense+ protects certain socia" interests+ and an# act w(ic( t(reatens or poses t(reat to t(is interests is define as crime. In genera" terms crime is defined as an act punis(ab"e b# "aw as forbidden b# statue or in9urious to t(e pub"ic we"fare. It is ver# wide definition+ an# t(ing w(ic( is in9urious to pub"ic we"fare is crime+ in modern comp"e1 societ# t(ere are

man# t(ings w(ic( are in9urious or against t(e pub"ic we"fare for e1amp"e se""ing contaminated food mo"estation of #oung c(i"dren+ etc.

B Blackstone defined crime as an act committed or omitted in vio"ation of a pub"ic "aw eit(er forbidding or commanding it. B Ste !en observed a crime is a vio"ation of a rig(t considered in reference to t(e evi" tendenc# of suc( vio"ation as regards t(e communit# at "arge. B O"for# Dictionary defines crime as an act punis(ab"e b# "aw as forbidden b# statute or in9urious to t(e pub"ic we"fare.

IC. $un#amental %lements Of Crime: '(ere are four e"ements w(ic( go to constitute B B B B >ens Actus In9ur# reus to rea or a crime+ 5uman or i""ega" anot(er gui"t# act or (uman t(ese areD4 being intention omission being

Human Bein&' '(e first e"ement reAuires t(at t(e wrongfu" act must be committed b# a (uman being. In ancient times+ w(en crimina" "aw was "arge"# dominated b# t(e idea of retribution+ punis(ments were inf"icted on anima"s a"so for t(e in9ur# caused b# t(em+ for e1amp"e+ a pig was burnt in 0aris for (aving devoured a c(i"d+ a (orse was ki""ed for (aving kicked a man. /ut now+ if an anima" causes an in9ur# we (o"d not t(e anima" "iab"e but its owner "iab"e for suc( in9ur#. !o t(e first e"ement of crime is a (uman being w(o4 must be under t(e "ega" ob"igation to act in a particu"ar manner and s(ou"d be a fit sub9ect for awarding appropriate punis(ment.

!ection 11 of t(e Indian 0ena" -ode provides t(at word EpersonF inc"udes a compan# or association or bod# of persons w(et(er incorporated or not. '(e word EpersonF inc"udes artificia" or 9uridica" persons.

(ens Rea' '(e second important essentia" e"ement of a crime is mens rea or evi" intent or gui"t# mind. '(ere can be no crime of an# nature wit(out mens rea or an evi" mind. :ver# crime reAuires a menta" e"ement and t(at is considered as t(e fundamenta" princip"e of crimina" "iabi"it#. '(e basic reAuirement of t(e princip"e mens rea is t(at t(e accused must (ave been aware of t(ose e"ements in (is act w(ic( make t(e crime wit( w(ic( (e is c(arged.

'(ere is a we"" known ma1im in t(is regard+ i.e. Gactus non facit reum nisi mens sit reaH w(ic( means t(at+ t(e gui"t# intention and gui"t# act toget(er constitute a crime. It comes from t(e ma1im t(at no person can be punis(ed in a proceeding of crimina" nature un"ess it can be s(owed t(at (e (ad a gui"t# mind. Actus Reus )Guilty Act Or Omission* ' '(e t(ird essentia" e"ement of a crime is actus reus. In ot(er words+ some overt act or i""ega" omission must take p"ace in pursuance of t(e gui"t# intention. Actus reus is t(e manifestation of mens rea in t(e e1terna" wor"d. 0rof. Kenn# was t(e first writer to use t(e term Eactus reusF. 5e (as defined t(e term t(us4 Gsuc( resu"t of (uman conduct as t(e "aw seeks to preventH. +n,ury' '(e fourt( reAuirement of a crime is in9ur# to anot(er person or to t(e societ# at "arge. '(e in9ur# s(ou"d be i""ega""# caused to an# person in bod#+ mind+ reputation or propert# as according to !ection 44 of I0-+ 1, . t(e in9ur# denotes an# (arm w(atever i""ega""# caused to an# person in bod#+ mind+ reputation or propert#.

C. Sta&es Of A Crime If a person commits a crime vo"untari"# or after preparation t(e doing of it invo"ves four different stages. In ever# crime+ t(ere is first intention to commit it+ second"#+ preparation to commit it+ t(ird"#+ attempt to commit it and fourt("# t(e accomp"is(ment. '(e stages can be e1p"ained as under4 1. +ntention' Intention is t(e first stage in t(e commission of an offence and known as menta" stage. Intention is t(e direction of conduct towards t(e ob9ect c(osen upon considering t(e motives w(ic( suggest t(e c(oice. /ut t(e "aw does not take notice of an intention+ mere intention to commit an offence not fo""owed b# an# act+ cannot constitute an offence. '(e obvious reason for not prosecuting t(e accused at t(is stage is t(at it is ver# difficu"t for t(e prosecution to prove t(e gui"t# mind of a person.

2. -re aration' 0reparation is t(e second stage in t(e commission of a crime. It means to arrange t(e necessar# measures for t(e commission of t(e intended crimina" act. Intention a"one or t(e intention fo""owed b# a preparation is not enoug( to constitute t(e crime. 0reparation (as not been made punis(ab"e because in most of t(e cases t(e prosecution (as fai"ed to prove t(at t(e preparations in t(e Auestion were made for t(e commission of t(e particu"ar crime.

If A purc(ases a pisto" and keeps t(e same in (is pocket du"# "oaded in order to ki"" (is bitter enem# /+ but does not(ing more. A (as not committed an# offence as sti"" (e is at t(e stage of preparation and it wi"" be impossib"e for t(e prosecution to prove t(at A was carr#ing t(e "oaded pisto" on"# for t(e purpose of ki""ing /.

-re aration .!en -unis!able' 7enera""#+ preparation to commit an# offence is

not punis(ab"e but in some e1ceptiona" cases preparation is punis(ab"e+ fo""owing are some e1amp"es of suc( e1ceptiona" circumstances4

B 0reparation to wage war against t(e 7overnment 4 !ection 122+ I0- 1, .I B 0reparation to commit depredation on territories of a power at peace wit( 7overnment B 0reparation of to India4 commit !ection dacoit#4 12 + !ection 399+ I0I01, .I 1, .I

B 0reparation for counterfeiting of coins or 7overnment stamps4 !ections 2334 235+ !. 255 and !. 25&I

B 0ossessing counterfeit coins+ fa"se weig(t or measurement and forged documents. >ere possession of t(ese is a crime and no possessor can p"ead t(at (e is sti"" at t(e stage of preparation4 !ections 242+ 243+ 259+ 2 and 4&4.

3. Attem t' Attempt is t(e direct movement towards t(e commission of a crime after t(e preparation is made. According to :ng"is( "aw+ a person ma# be gui"t# of an attempt to commit an offence if (e does an act w(ic( is more t(an mere"# preparator# to t(e commission of t(e offenceI and a person wi"" be gui"t# of attempting to commit an offence even t(oug( t(e facts are suc( t(at t(e commission of t(e offence is impossib"e. '(ere are t(ree essentia"s of an attemptD4 B B 7ui"t# !ome act intention done towards to t(e commit commission of an t(e offenceI offenceI

'(e

act

must

fa""

s(ort

of

t(e

comp"eted

offence.

Attem t Un#er T!e +n#ian -enal Co#e/ 0123' '(e Indian 0ena" -ode (as dea"t wit( attempt in t(e fo""owing four different wa#s4 B -omp"eted offences and attempts (ave been dea"t wit( in t(e same section and same punis(ment is prescribed for bot(. !uc( provisions are contained in !ections 121+ 124+ 1244A+ 125+ 13.+ 131+ 152+ 1534A+ 1 1+ 1 2+ 1 3+ 1 5+ 19 + 19,+ 2..+ 213+ 24.+ 241+ 251+ 3,5+ 3,&+ 3,9+ 391+ 394+ 395+ 39&+ 459 and 4 .. B !econd"#+ attempts to commit offences and commission of specific offences (ave been dea"t wit( separate"# and separate punis(ments (ave been provided for attempt to commit suc( offences from t(ose of t(e offences committed. :1amp"es are4 murder is punis(ed under section 3.2 and attempt to murder to murder under section 3.&I cu"pab"e (omicide is punis(ed under section 3.4 and attempt to commit cu"pab"e (omicide under section 3.,I 8obber# is punis(ed under section 392 and attempt to commit robber# under section 393.

B '(ird"#+ attempt to commit suicide is punis(ed under section 3.9I B $ourt("#+ a"" ot(er cases Jw(ere no specific provisions regarding attempt are madeK are covered under section 511 w(ic( provides t(at t(e accused s(a"" be punis(ed wit( one4(a"f of t(e "ongest term of imprisonment provided for t(e offence or wit( prescribed fine or wit( bot(.

4. Accom lis!ment Or Com letion' '(e "ast stage in t(e commission of an offence is its accomp"is(ment or comp"etion. If t(e accused succeeds in (is attempt to commit t(e crime+ (e wi"" be gui"t# of t(e comp"ete offence and if (is attempt is unsuccessfu" (e wi"" be gui"t# of an attempt on"#. $or e1amp"e+ A fires

at / wit( t(e intention to ki"" (im+ if / dies+ A wi"" be gui"t# for committing t(e offence of murder and if / is on"# in9ured+ it wi"" be a case of attempt to murder.

+ND+AN -%NA4 COD% ' AN +NTRODUCT+ON

05 )a*

Title It consists of t(ree words+ name"# D 4 Indian 4 0ena" 4 -ode

)b* Co#e

6ut of t(ese t(ree+ t(e ke# word is =code=.

It is s#stematic+ comp"ete+ written co""ection of a bod# of "aws+ arranged met(odica""# in a co(erent manner. A -ode is t(e end product of codification. -odification is a process w(ic( consists of compi"ation arrangement+ s#stemisation and promu"gation of a bod# of "aws b# t(e aut(orit# competent to do so.

%"am les D )i* )ii* )iii* )iv* )v* )vi* )vii* -ode of >enu -ode of ;apo"eon -ode of Lustinian 5indu -ode Indian 0ena" -ode -rimina" 0rocedure -ode -ivi" 0rocedure -ode

Co#ification 4 its a#6anta&es )i* )ii* )iii* )iv* )v* -enal It is an ad9ective. It Aua"ifies t(e noun =code=. It means =re"ating to punis(ment=. Indian 0ena" -ode is a pena" statute+ because it not on"# defines offences but a"so prescribes punis(ments for commission of suc( offences. 7+n#ian7 '(e term =Indian= signifies t(at it is t(e pena" code for India. '(e preamb"e indicates t(at t(e I.0.-. was enacted to provide a 7enera" 0ena" -ode for India. 85 Historical Back&roun# !imp"icit# !#mmetr# Inte""igibi"it# %ogica" co(erence -ertaint#

'(e #ear 1,33 was ver# crucia" in t(e (istor# of deve"opment of "aw in /ritis( India.'(e -(arter Act of 1,33 was passed b# t(e /ritis( par"iament wit( a view to faci"itating codification of Indian %aws. '(e -(arter Act of 1,33 estab"is(ed an A"" India %egis"ature name"# 7overnor 7enera" in -ounci"+ for t(e w(o"e of /ritis( India. created t(e office of %aw >ember in t(at -ounci". provided for t(e appointment of a %aw -ommission. >r. './. >acau"a# was appointed to fi"" t(e office of t(e %aw >ember. In 0ursuance of t(e -(arter Act of 1,33+ t(e first %aw -ommission was set up in 1,34. >r. >acau"a#+ "ater on %ord >acau"a#+ became its 0resident. '(e first task assigned to t(e %aw -ommission was to prepare a draft pena" code for India. A draft -ode was drawn up and submitted to t(e 7overnor47enera" in -ounci" on t(e 14t( 6ctober 1,3&. '(e draft was t(en circu"ated to t(e Ludges and t(e %ega" Advisers of t(e crown for e"iciting t(eir comments and views. It was t(ereafter revised t(oroug("#. '(e bi"" so revised remained pigeon4(o"ed for man# #ears. It was u"timate"# passed and p"aced on t(e statute book on t(e t( 6ctober 1, ..

95

+5-5C5 its nature It is a codif#ing statute. It contains t(e genera" "aw of crimes in India. It is a substantive "aw. '(e -ode of -rimina" 0rocedure is an ad9ective "aw. It

is e1(austive in respect of t(e matters covered b# it. It is a comp"ete -ode. It "a#s down t(e genera" princip"es of crimina" "iabi"it#. It a"so provides for genera" e1ceptions to crimina" "iabi"it#. It defines specific offences and prescribes punis(ments t(erefore. :5 )a* )b* Sc!eme of t!e Co#e '(e -ode is broad"# divided into twent#4t(ree -(apters. 'o be more precise+ t(e -ode at present contains 2 -(apters+ because t(ree -(apters+ name"#+ CA+ IMA and MMA (ave been added subseAuent"#. )c* )d* :ac( -(apter is again sub4divided into severa" !ections. :ac( !ection (as been given a numera" figure for distinguis(ing it from t(e ot(ers. )e* )f* )g* 25 )a* '(e "ast !ection of t(e I0- bears t(e number 511. '(at+ (owever+ does not imp"# t(at t(e I0- (as 511 !ections. >an# !ections (ave been added and severa" !ections (ave been omitted. Arran&ement D '(ere are two broad divisions of t(e -ode+ t(e# are D )i* 7enera" 0rincip"es and

)ii* )b*

!pecific offences.

!pecific offences ma# be roug("# categorised under two (eads+ name"# )i* offences against t(e !tate and t(e pub"ic and )ii* 6ffences against t(e person and t(e propert#.

)c*

'(e genera" princip"es are embodied in -(apters I+ II+ III+ IC+ C+ CA and MMIII as detai"ed be"ow D -(apter I 4 'it"e and e1tent of operation of t(e -ode. -(apter II 4 Definition of certain terms. -(apter III4 0unis(ments. )7enera"* -(apter IC 4 7enera" :1ceptions -(apter C4 Abatement of offences -(apter CA 4 -rimina" conspirac# -(apter MMIII 4 -rimina" Attempts

;#<

S ecific offences -(apter CI to 4 6ffences against t(e !tate and t(e pub"ic -(apter MC -(apter MCI 4 6ffences affecting (uman bod#. -(apter MCII4 6ffences against t(e properties )-orporea" and Incorporea"* -(apter MIM 4 >isce""aneous offences to -(ap. MMII

=5 )a*

>uris#iction I0- (as two kinds of 9urisdiction+ name"#+

)i* Intra4territoria" )!ec.2*. )ii* :1tra4territoria" )!ec.3 and 4*. )b* If an# offence under t(e I0- is committed b# a person wit(in t(e territor# of India+ w(et(er Indian or foreigner+ (e is "iab"e to be prosecuted and punis(ed b# t(e court in India (aving 9urisdiction. )c* If an Indian commits an act of commission or omission outside India+ w(ic( is an offence under t(e I0-+ (e ma# sti"" be prosecuted and punis(ed under t(e I0- b# a competent Indian -ourt+ even t(oug( t(e act ma# not constitute an offence under t(e "aw of t(at "and. )d* If an# offence under t(e I0- is committed on an# s(ip or aircraft+ registered in India+ t(e person committing it s(a"" be "iab"e to be dea"t wit( under t(e I0- b# a competent Indian -ourt+ even t(oug( t(e s(ip or aircraft+ at t(e time of commission of suc( offence (as remained outside India. ;ote D )i )ii* In t(is conte1t+ reference ma# be made to !ec.1,, of t(e -rimina" 0rocedure -ode. A person can not (owever+ be prosecuted and punis(ed twice for t(e same offence+ one under t(e I0- and t(e ot(er under t(e $oreign %aw.

K+DNA--+NG/

ABDUCT+ON

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K+DNA--+NG ? ABDUCT+ON D+SCUSS%D .+TH R%C%NT CAS% 4A.S AND STAT+ST+CS 05 +NTRODUCT+ON In t(e termino"og# of t(e common "aw in man# 9urisdictions )according to Black@s 4aA Dictionary*+ t(e crime of kidnapping is "abe"ed abduction w(en t(e victim is a woman. In modern usage+ kidnapping or abduction of a c(i"d is often ca""ed c(i"d stea"ing+ particu"ar"# w(en done not to co""ect a ransom+ but rat(er wit( t(e intention of keeping t(e c(i"d permanent"# )often in a case w(ere t(e c(i"dFs parents are divorced or "ega""# separated+ w(ereupon t(e parent w(o does not (ave "ega" custod# wi"" commit t(e actI t(en a"so known as Gc(i"d nappingH*. The word kidnapping was originally kid nabbing, in other words slang for child stealing, but is no longer restricted to the case of a child victim. 1

(ttpDNNwww.man.org.npNmdcampusNpptN1&4KidnappingO2.andO2.e1tortion48anendraO2.>an.ppt+

-(apter MCI of t(e Indian 0ena" -ode 4 w(ic( dea"s wit( offences affecting (uman deve"opment+ covers Kidnapping and Abduction. 05 Rele6ant Sections )a* )b* !ection 359 to !ection 3 9 I0- P 11 sections Additions 4 3 34A+ 3 44A+ 3 4A and 3 4/ I0- P 4 sections.

85 Broa# Structure )i* !ection 359 4 two kinds of kidnapping+ name"# )a* )b* )ii* )iii* )iv* )v* )vi* )vii* Kidnapping from India Kidnapping from "awfu" guardians(ip

!ection 3 . 4 Kidnapping from India 4 Definition !ection 3 14 Kidnapping from "awfu" guardians(ip 4 Definition !ection 3 2 4 Abduction 4 Definition !ection 3 3 4 0unis(ment for Kidnapping !ection 3 34A4Kidnapping or maiming for begging 4 pena". !ection 3 44A 4 Kidnapping or abducting in order to murder4pena". )>ost aggravated form*.

)viii* !ection 3 44A 4 Kidnapping or abducting for ransom etc. 4 pena" )i1* )1* )1i* !ection 3 5 4 Kidnapping or abducting wit( intent to confine persons wrongfu""# and secret"# 4 pena". !ection 3 4 Kidnapping or abducting woman to compe" (er marriage or to cause (er defi"ement 4 pena". !ection 3 & 4 Kidnapping or abducting in order to sub9ect person to grievous (urt+ s"aver# etc. 4 pena".

)1ii*

!ection 3 , 4 ?rongfu""# concea"ing or keeping in confinement a Kidnapped or abducted person 4 punis(ment same as prescribed for kidnapping or abduction.

)1iii* !ection 3 9 4 Kidnapping or abducting c(i"d under ten #ears wit( intent to stea" from (er person 4 pena". 95 Ki#na )a* )b* b )c* in& from +n#ia Definition 0ena" Ingredients 4 )i* )ii* )iii* )d* )i* )ii* )iii* )iv* 'o -onve# an# person /e#ond t(e "imits of India ?it(out t(e consent of t(at person or (isN(er guardian 'o conve# is to carr# from one p"ace to anot(er. It s(ou"d be from a p"ace inside India to a p"ace outside India. 7uardian (ere means an# person "ega""# competent to given consent on be(a"f of a minor or insane. $or -onsent+ p"ease read !ection 9. I0-. -onsent given under misrepresentation of fact is no consent. )e* :1amp"e A took =?= a woman+ from India to -e#"on+ on t(e representation t(at s(e wou"d be married to (is son =!=. After arriva" in -e#"on+ t(e promised marriage was not so"emnised. 6n t(e contrar#+ =?= 4 4 !ection 3 . I0!ection 3 3 I0-

:1p"anator# notes

was emp"o#ed in a 'ea :state t(ere. A committed as offence as defined uNs 3 . I0-. :5 Ki#na in& from 4aAful Guar#ians!i )a* )b* Definition 0ena" )i* )ii* )iii )c* 6rdinar# form )!ec. 3 3 I0-* Aggravated forms 4 !ec. 3 34A+ 3 4+ 3 44A+ 3 5+ 3 & and 3 9 I00unis(ment for wrongfu""# concea"ing or confining kidnapped person @ 3 , I0Ingredients of t(e offence of kidnapping from "awfu" guardians(ip. )i* 'aking or enticing awa# )a* a minor if ma"e+ under 1 if fema"e+ under 1, or )b* a person of unsound mind )ii* )iii* )d* 6ut of t(e keeping of t(e "awfu" guardians(ip ?it(out t(e -onsent of t(e guardian 4 !ection 3 1 I0-

:1p"anator# ;otes 4 )i* )ii* )iii* Kidnapping "itera""# means =c(i"d 4 stea"ing= 'o take is to cause to go+ to escort or to get into possession 'aking need not be b# force

)iv* )v* )vi* )vii*

'(e two e1pressions ='aking= and =a""owing a minor to accompan#= are not identica". 'o entice is to a""ure b# e1citing (ope or desire :nticing ma# a"so be a mode of taking In taking+ t(e menta" attitude of t(e minor is immateria".

)viii* In enticement+ t(e minor is induced to do a t(ing. )i1* )1* In kidnapping+ intent of t(e offender is irre"evant It is not necessar# t(at t(e >inor must be in t(e p(#sica" possession of t(e guardian. It is enoug( if t(e minor is under t(e contro" of t(e guardian. )1i* )1ii* 25 Cio"ation of t(e possession of t(e guardian is t(e essence of t(e offence. It is intended to protect t(e minors and insanes.

Ab#uction ' +n&re#ients )i* -ompe""ing b# force or Inducing b# deceitfu" means )ii* a person to go from an# p"ace

=5

%" lanatory Notes )a* )b* )c* !ection 3 2 defines =Abduction= but does not create an offence. Abduction per se )b# itse"f+ taken a"one* is not an offence. Abduction is an offence on"# w(en it is accompanied b# one of t(e intentions mentioned in t(e subseAuent !ections suc( as 3 4+ 3 5 and 3 .

050 C!il# Ab#uction

-(i"d abduction can refer to c(i"dren being taken awa# wit(out t(eir parentsF consent+ but wit( t(e c(i"dFs consent. In :ng"and and ?a"es it is c(i"d abduction to take awa# a c(i"d under t(e age of 1 wit(out parenta" consent. Abduction is t(e crime in :ng"is( "aw of taking a* a gir" under 1 from possession of (er parent+ or guardian+ or b* a gir" of 1, or defective woman of an# age from suc( possession of un"awfu" se1ua" intercourse+ or c* a gir" under 21 to marr# or (ave se1ua" intercourse+ or d* taking awa# and detaining an# woman wit( t(e intention t(at s(e s(a"" marr# or (ave un"awfu" se1ua" intercourse wit( a person+ b# force+ or for t(e sake of (er propert#. Abduction or kidnapping an# c(i"d is a"so an offence. Abduction of voters is a"so a crimina" act.2 0585 Ki#na in& Kidnapping+ according to .alker/3 is t(e common name for t(e common "aw offence of carr#ing awa#+ or secreting+ of an# person against (is wi""+ or against t(e wi"" of (is "awfu" guardians. It ma# be constituted b# fa"se imprisonment+ w(ic( is tota" restraint of a person and (is confinement wit(out "awfu" aut(orit# or 9ustification. 0595 Ten Con#itions/ Of Ki#na in& +n +-C:

India (as compre(ensive "egis"ation to counter kidnapping+ wit( t(e Indian 0ena" -ode out"ining 1. specific offences re"ated to t(e purpose of t(e kidnapping. '(ese are4 Kidnapping a minor for purposes of beggingI Kidnapping in order to murderI
2 3

?a"ker+ G61ford -ompanion to %awH+ 61ford 0ub"ications+ ;ew De"(i+ 2.t( :dition+ 19,.+ pg. &.1 Ibid+ pg.3

 Kidnapping for ransomI Kidnapping wit( t(e intent to secret"# and wrongfu""# confine a personI Kidnapping a woman to compe" (er into marriageI '(e importation of a gir" from a foreign countr#I Kidnapping in order to sub9ect a person to grievous (arm+ inc"uding s"aver# kidnapping a c(i"d under 1. #ears o"dI !tea"ing or bu#ing a minor for t(e purpose of prostitution. 4 85 K+DNA--+NG >eaning of kidnapping in t(e "oca" "anguage inc"ude t(e abduction as s#non#m but t(e rea" difference in t(e understanding is fo""owingD 850 Section 9BC: Kidnapping: Ki#na ki#na in& is of tAo kin#s: ki#na in& from +n#ia/ an# in& from laAful &uar#ians!i 5

'(e "itera" meaning of kidnapping is c(i"d stea"ing. '(e draftsmen of t(e code saidD Gthe crime of kidnapping consists, according to our definition of it, in conveying a person without his consent or the consent of some person legally authorized to consent on his behalf, or with such consent obtained by deception, out of the protection of the law, or of those whom the law has appointed his guardians. H G'(is offence ma# be committed on a c(i"d b# removing t(at c(i"d out of t(e keeping of its "awfu" guardian or guardians. 6n a grown4up man it can be committed on"# b# conve#ing (im be#ond t(e "imits of t(e -ompan#Fs territories+ or b# receiving (im on board of a s(ip for t(at purpose.H

(ttpDNNwww.man.org.npNmdcampusNpptN1&4KidnappingO2.andO2.e1tortion48anendraO2.>an.ppt.+

G'(e carr#ing of a grown up person b# force from one p"ace wit(in t(e -ompan#Fs territories to anot(er+ and t(e ens"aving (im wit(in t(e -ompan#Fs territories+ are offences sufficient"# provided for under t(e (eads of restraint and confinement. '(e enticing of a grown4up person b# fa"se promises to go from p"ace + ma# be a sub9ect for a civi" action+ and + under circumstances+ for a crimina" prosecutionI but it does not appear to us to come proper"# under t(e (ead of kidnapping.H5 In Ba#lu S!a! 6 %m eror kidnapped person.& '(e words EkidnappingF and EabductionF do not inc"ude t(e offence of wrongfu" confinement or keeping in confinement a kidnapped person. 858 Section 923: Kidnapping from India: 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. %ssential in&re#ients: '(e fo""owing are t(e essentia" ingredients of t(e offence under t(is sectionD 1* onveyance of a person! 'o con6ey means to carr# from one p"ace to anot(er. '(e conve#ance or carr#ing is a continuous process unti" t(e destination is reac(ed. In t(e case of an# offence under t(is section+ t(e destination must be some foreign territor#. it was (e"d t(at Kidnapping and abduction do not inc"ude t(e offence of wrongfu" confinement or keeping+ in confinement+ a

K.K !ing( and 8./agga+ GIndian 0ena" -odeH+ '(e %aw /ook -ompan#+ A""a(abad+ 2nd edition+ 1994+ pg.2. AI8 1929 A"" 454 & !arvaria !K+ G8A ;e"sonFs Indian 0ena" -odeH ed. 9t( + Co". 3+ %e1is;e1is /utterwort(s 0ub"ications+ ;ew De"(i pg. 3512

2* "eyond the limits of India! t(ese words in t(e section indicate t(at for an offence under it must be to some foreign territor#. 3* Without the consent of that person or of some person legally authorized to consent on behalf of that person! A consent given under a misappre(ension of fact+ is not true consent.,

859 Section 920: Kidnapping from lawful guardianship: Whoever takes or entices any minor under si#teen years of age if a male, or under eighteen 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 person from lawful guardianship '(e offence under t(is section ma# be committed in respect of eit(er a minor or a person of unsound mind. 'o kidnap a grown4up person+ t(erefore wou"d not amount to an offence under it.9 '(e ob,ect of t(is section is at "east as muc( to protect c(i"dren of tender age from being abducted or seduced for improper purposes+ as for t(e protection of t(e rig(ts of parents and guardians (aving t(e "awfu" c(arge or custod# of minors or insane persons. +n&re#ientsD '(is section (as four main essentia"s1.D 1. 'aking or enticing awa# a minor person or a person of unsound mind.

K.K !ing( and 8./agga+ GIndian 0ena" -odeH+ '(e %aw /ook -ompan#+ A""a(abad+ 2nd edition+ 1994+ pg.3. 9 8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ pg. 49. 1. $estated in "iswanath %allick v. &tate of 'rissa+ 1995 -r%9 141 )6ri*.

2. !uc( minor must be under t(e age of si1teen #ears+ if ma"e+ or under t(e age of eig(teen #ears+ if a fema"e. 3. '(e taking awa# or enticing must be out of t(e keeping of t(e "awfu" guardian of suc( minor or person of unsound mind. 4. !uc( enticing awa# must be wit(out t(e consent of t(e "awfu" guardian. '(e taking need not be b# force+ actua" or constructive+ and it is immateria" w(et(er t(e gir" consents or not. '(ere must be a taking of t(e c(i"d out of t(e possession of t(e parent. If a c(i"d "eaves its parentFs (ouse for a particu"ar purpose wit( t(eir consent+ it cannot be said to be out of t(e parentFs keeping. 11 '(e offence of kidnapping from "awfu" guardians(ip is comp"ete w(en t(e minor is actua""# taken from "awfu" guardians(ipI it is not an offence continuing so "ong as t(e minor is kept out of suc( guardians(ip. In determining w(et(er a person takes a minor out of t(e "awfu" guardian+ t(e distance to w(ic( t(e minor is taken awa# is immateria". '(e act of taking is not+ in t(e proper sense of t(e term+ a continuous actD w(en once t(e bo# or gir" (as been actua""# taken out of t(e keeping+ t(e act is a comp"eted one. If continuous+ it wou"d be difficu"t to sa# w(en t(e continuous taking ceasedI it cou"d on"# be w(en t(e bo# or gir" was actua""# restored to t(e keeping of t(e guardian.12 %nticin& is an act of t(e accused b# w(ic( t(e person kidnapped is induced of (is own accord to go to t(e kidnapper. '(e word EenticeF invo"ves an idea of inducement or a""urement b# e1citing (ope or desire in t(e ot(er. It ma# take man# forms difficu"t to visua"i3e. '(e word Takin& in t(is section means not(ing but p(#sica" taking.13
11

8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2.., at pg. 5.. 12 Ibid. 13 /asu ;.D.+ G-ommentar# on Indian 0ena" -odeH ed. 1.t(+ vo". 2+ As(oka %aw 5ouse+ ;ew De"(i+ 2..& pg. 19..

'(e word Dkee in&@ imp"ies neit(er appre(ension nor detention but rat(er maintenance+ protection and contro"+ manifested not b# continua" action but as avai"ab"e on necessit# arising and t(is re"ation between t(e minor and t(e guardian is certain"# not disso"ved so "ong as t(e minor can at wi"" take advantage of it and p"ace (erse"f wit(in t(e sp(ere of its operation.14 '(e guardians(ip of t(e mot(er does not cease w(i"e a minor is in t(e possession of anot(er person w(o (as been "awfu""# entrusted wit( t(e care and custod# of suc( minor b# t(e mot(er.15If t(e minor is not in t(e custod# of a "awfu" guardian+ t(e offence cannot be committed+ w(atever t(e be"ief of t(e taker ma# be. The taking or enticing of the minor out of the keeping of the legal guardian must be without his consent. '(e consent of t(e minor is immateria". If a man b# fa"se and fraudu"ent representation induce t(e parents of a gir" to a""ow (im to take (er awa#+ suc( taking wi"" amount to kidnapping. In case of -arkas! 65 State of Haryana1 it was said t(at t(e two words EtakesF and EenticesF as used in !ection 3 1+ I0- are intended to be read toget(er so t(at eac( takes to some e1tent its co"our and content from t(e ot(er. If t(e minor "eaves (er paterna" (ome comp"ete"# uninf"uenced b# an# promise+ offer or inducement emanating from t(e gui"t# part#+ t(en t(e "atter cannot be considered to (ave committed t(e offence as defined in !ection 3 1+ I0-. -onsent given b# t(e guardian after t(e commission of t(e offence wou"d not cure it. 1& The word (lawful) must be literally construed so as to distinguish it from legal guardian as a guardian maybe lawful without being legal. '(e e1pression GlaAfully entruste#H signifies t(at t(e care and custod# of a minor. :ntrustment

14 15

Cis(nu v. !tate+ 199& -r %L 1&24 K.K A"i+ )193 * 15 0at ,1& 1 2..4 -r.%.L. 595 !1& 7anes(+ )19.9* 31 A"" 44,

means t(e giving+ (anding over+ or confiding of somet(ing b# one person to anot(er. 85: Section 929: Punishment for Kidnapping: Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may e#tent to seven years, and shall also be liable to fine. '(is section must be read wit( !ection 3 1. '(e offence of kidnapping from "awfu" guardians(ip pena"i3ed b# t(is section is t(e offence w(ic( is defined b# !ection 3 1.1, '(e person against w(om t(e offence is committed must be under t(e age of si1teen+ if a ma"e+ and under t(e age of eig(teen #ears if a fema"e. ?(ere a gir" of 23 #ears of age "eft (er parents of (er own wi"" and married a man+ section 3 3 or 3 3 3 was set aside.2. was not attracted.
19

?(ere in a case of kidnapping t(e

gir" deposed t(at s(e (ad gone wit( t(e accused vo"untari"#+ (is conviction uNs

1,

8atan"a" D(ira9%a"+ Indian 0ena" -ode+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ p. 51 19 6roos $atima v !r. !updt of 0o"ice+ A"igar(+ 1993 -r%L 1 )A""* 2. /(a9an %a" v. !tate of Q.0+ 199 -r%L 4 . )A""*

95 ABDUCT+ON As e1pand kidnapping+ abduction is a"so a crime under Indian 0ena" -ode it is mentioned in fo""owing sections. 950 Section 928: Abduction! Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person '(is section mere"# gives a definition of t(e word GabductionH w(ic( occurs in some of t(e pena" provisions w(ic( fo""ow. '(ere is no suc( offence as abduction under t(e -ode+ but abduction wit( certain intent is an offence. $orce or fraud is essentia". +n&re#ients4 t(is section reAuires two t(ings21D 1. $orcefu" compu"sion or inducement b# deceitfu" means. 2. '(e ob9ect of suc( compu"sion or inducement must be t(e going of a person from an# p"ace.

$orce in !ection 3 2 means actua" force and not mere"# a s(ow or t(reat of force. Deceitful means signifies an#t(ing intended to mis"ead anot(er. It inc"udes inducement and its scope is ver# wide. '(e intention of t(e accused+ one ma# sa#+ is a gravamen of t(e c(arge. '(e case of Rabinarayan Das** is a pointer in t(is regard. 5ere t(e prosecutri1 was b"ind. !(e wanted to go to (er sc(oo". 5owever+ t(e petitioner took (er to secretariat premises. :vidence of inducement is not

21

8atan"a" D(ira9%a"+ Indian 0ena" -ode+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ p. 5& 22 1992 -ri %L 2 9 at p.2&3

fort(coming and #et t(ere was not(ing to prove t(at t(e woman (ad gone t(ere out of (er vo"ition or free wi"".23 Abduction is a continuing offence. '(e abduction of a married woman comes under section 3 and t(e actua" va"idit# or ot(erwise of t(e marriage is immateria". >ere abduction wit(out a crimina" intent of one of t(e kinds specified in t(e section is not recogni3ed as an offence. :5 D+$$%R%NC% B%T.%%N K+DNA--+NG AND ABDUCT+ON '(e difference can be understood b# t(e mentioned definition in a definitive wa# but to go into dept+ w(en we put t(e practica" and t(eoretica" imp"ication t(e fo""owing difference comesout in point 1. EKidnappingF is committed on"# in respect of a minor under si1teen #ears of age if ma"e and under eig(teen #ears if a ma"e or a person of unsoundI EabductionF+ in respect of a person of an# age. 2. In EKidnappingF+ t(e person kidnapped is removed out of "awfu" guardians(ip. A c(i"d wit(out a guardian cannot be kidnapped. EAbductionF (as reference e1c"usive"# to t(e person abducted. 3. In Kidnapping+ t(e minor is simp"# taken awa#. '(e means used ma# be innocent. In EAbductionF+ force+ compu"sion+ or deceitfu" means are used. 4. In kidnapping+ consent of t(e person taken or enticed is immateria"I in abduction+ consent of t(e person moved+ if free"# and vo"untari"# given+ condones abduction. 5. In EkidnappingF t(e intent of t(e offender is a w(o""# irre"evant considerationD in abduction+ it is t(e important factor. . Kidnapping from guardians(ip is a substantive offence under t(e -odeI but abduction is an au1i"iar# offence+ not punis(ab"e b# itse"f+ but made

23

/.>. 7and(i+ EIndian 0ena" -odeF+ :astern /ook -ompan#+%ucknow+ 2nd :dition+ 2.. + p. 52,

crimina" on"# w(en it is done wit( one or ot(er of t(e intents specified in !.3 4.24

24

8atan"a" D(ira9%a"+ Indian 0ena" -ode+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ p. 5,

B5 AGGRAEAT%D $OR(S O$ K+DNA--+NG AND ABDUCT+ON !ections 3 3A to 3 9 are aggravated form of kidnapping and abduction. Kidnapping is an offence in itse"f but abduction is not so t(e aggravated form not on"# offence but t(e# are on"# "iabi"it# c"ause in t(e statute.

B50 5 Section 929A5

Kidnapping or maiming a minor for purposes of begging ! +,- Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may e#tend to ten years, and shall also be liable to fine. +*- Whoever maims any minor in order that such minor can be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. +.- Where any person, not being the lawful guardian of minor, employs or uses such minor for the purpose of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. +/- In this section 0 +a- "egging means1 +i- &oliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune2telling, performing tricks or selling articles or otherwise1 +ii- 3ntering on any private premises for the purpose of soliciting or receiving alms1

+iii- 3#posing or e#hibiting, with the ob4ect of obtaining or e e#torting alms, any sore, wound, in4ury, deformity or disease, whether of himself or of nay other person or of an animal1 +iv- 5sing a minor as an e#hibit for the purpose of soliciting or receiving alms1 +b- %inor means2 +i- In the case of a male, a person under si#teen years of age1 and +ii- In the case of a female, a person under eighteen years of age. '(is !ection was inserted in 1959 to put down effective"# t(e evi" of kidnapping c(i"dren for e1p"oiting t(em for begging. '(ere are cases w(erein minors are kidnapped are kidnapped and castrated wit( a view to make t(em eunuc(s w(o cou"d be usefu" as professiona" beggars. '(e offence under !ection 3 34A is triab"e b# a >agistrate of t(e first c"ass w(i"e under 3 3 @A)2* is triab"e b# a -ourt of !essions. /arring t(is t(e offence under 3 34A is cogni3ab"e+ not bai"ab"e and not compoundab"e.25 A"t(oug( men are a"so victimi3ed+ t(e overw(e"ming ma9orit# of t(ose trafficked are women and c(i"dren. According to officia" estimates+ between 1 and 2 mi""ion women and c(i"dren are trafficked eac( #ear wor"dwide for forced "abour+ domestic servitude+ or se1ua" e1p"oitation. An estimated 5.+... persons are trafficked eac( #ear to t(e Qnited !tates. 'rafficking is now considered t(e t(ird "argest source of profits for organi3ed crime+ be(ind on"# drugs and guns+ generating bi""ions of do""ars annua""#. -(i"d 'rafficking2 is an in(umane offence against defense"ess and innocent c(i"dren. >i""ions of c(i"dren are forcib"# trafficked or coerced across borders
25 2

/.>. 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+ 2nd :dition+ 2.. + p. 529 Can /ueren +G'(e Internationa" %aw on t(e 8ig(ts of a -(i"d+H K"uwer 19,9 @ G'raffickingH in c(i"dren is defined as t(e recruitment+ transportation+ transfer+ (arbouring or receipt of a c(i"d for t(e purposes of e1p"oitation.

on"# to be so"d in t(e se1 trade+ for i""ega" adoption+ for crimina" activities+ for work as domestic servants+ beggars+ so"diers+ or for ot(er purposes. '(e urgenc# to combat trafficking in c(i"dren is understandab"e considering t(e (einous nature of t(e p(enomenon @ it is an affront to princip"es of (uman dignit# and mora"it# and a severe vio"ation of basic (uman rig(ts. 0rincip"e 9 of t(e 7eneva Dec"aration of 8ig(ts of t(e -(i"d of 1924 states e1p"icit"# t(at t(e G'(e c(i"d s(a"" be protected against a"" forms of neg"ect+ crue"t# and e1p"oitation. 5e s(a"" not be t(e sub9ect of traffic+ in an# form.H 2& Despite being in e1istence for centuries+ -(i"d 'rafficking (as on"# in recent #ears emerged as an issue of g"oba" concern due to t(e wor"dwide consensus and co4operation to 9oin (ands in fig(ting t(is (einous crimeI ?it( t(e amp"ification of internationa" and nationa" "ega" apparatus+ t(e trafficking of (uman beings is perceived to be more t(an a crime @ it is a serious vio"ation of (uman rig(ts+ c(i"drenFs rig(ts+ "abour rig(ts and basic fundamenta" freedoms. -(i"d 'rafficking (as become (ig("# "ucrative and increasing"# wort(w(i"e as women and c(i"dren are considered commodities w(ic( can be Gso"dH severa" times over. ?it( t(e permeab"e borders and t(e advancement of tec(no"og# c(i"d trafficking (as e1panded around t(e 7"obe w(ere t(e routes for trafficking c(i"dren a"ter according to "oca" conditions or supp"# and demand factors. It is no "onger adeAuate to sa# t(at victims are trafficked from poor to t(e wea"t(ier ones. Cio"ence is not t(e necessar# mode for c(i"d trafficking+ as (as been often misconceived+ as t(e victims are tricked+ deceived+ forced+ so"d b# t(eir parents or ot(erwise coerced into situations+ w(ic( t(e# "ater cannot escape from. 2,

2&

0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking D'(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpDNNwww.ew"a.orgNwfRd"NpaperRDevi.doc 2, 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking D'(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpDNNwww.ew"a.orgNwfRd"NpaperRDevi.doc

B58 5 Section 92::

Kidnapping or abducting in order to murder: 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 rigorous imprisonment for a term which may e#tend to ten years, and shall also be liable to fine. 'o estab"is( an offence under t(is section it must be proved t(at t(e person c(arged wit( t(e offence (ad t(e intention at t(e time of t(e kidnapping or abduction t(at t(e person wi"" be murdered or so disposed of as to be put in danger of being murdered.29 If no evidence is avai"ab"e on t(e score+ t(e accused cannot be convicted under t(is section. ?(ere t(e witnesses saw t(e part# of t(e accused persons forcib"# taking awa# a woman+ w(o was found dead a week "ater+ and t(oug( t(ere was not(ing to connect t(em wit( t(e murder+ t(ere was evidence of t(e bod# being destro#ed b# t(em+ t(e# were convicted not of murder but on"# under t(is section and s. 2.1 for destro#ing evidence. 3. In anot(er case t(e two accused and t(e t(ird person were seen disappearing toget(er. '(e# (ad drinks and moved awa#. '(e one w(o did not return (ome+ (is moustac(e+ torn kurta and a few drops of b"ood were found b# t(e side of a swo""en river. ?(et(er (e was pus(ed+ or (e s"ipped cou"d not be known. 5is companions were not convicted under t(is section.31 ?(ere t(e accused persons+ on fa"se prete1t of repa#ing t(e mone# to t(e deceased+ induced (im to accompan# t(em to a distant p"ace and after ki""ing (im+ t(rew t(e bod# in a private ravine+ t(eir conviction under s. 3 4 a"ong wit( sections 3.. and 2.1 was up(e"d.32

29

8atan"a" D(ira9%a"+ Indian 0ena" -ode+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ p. . 3. 6ati $am v. &tate of 5.6., 199. -r %L 44& )A"".*. 31 %ahavir v. &tate of 5.6+ 199. -r %L 1 .5 )A""*. 32 7aliyaveetil 8shraf v &tate+ 1994 -r %L 555 )Ker*.

In Sacha Singh 65 State of Punjab33, during t(e period of insurgenc#+ two #oung !ik( bo#s were abducted b# armed assai"ants from t(eir (ouse on a dark nig(t in t(e sig(t of t(eir parents. '(e# were ki""ed wit(in a s(ort w(i"e b# t(e abductors. '(e abductors were c(arged wit( murder. It was (e"d t(at w(en more persons t(an one (ave abducted t(e victim+ w(o was "ater murdered is wit(in t(e "ega" province of t(e court to 9ustifiab"# draw a presumption depending on t(e factua" situation t(at a"" t(e abductors are responsib"e for murder. !ection 34 of t(e 0ena" code cou"d be invoked for t(e aid to meet t(e ends of 9ustice.34 An abducted victim was murdered "ater on. It was (e"d t(at t(e court can+ depending on t(e factua" situation+ draw t(e presumption t(at t(e abductors are responsib"e for t(e murder. It is t(eir responsibi"it# to e1p"ain to t(e court w(at t(e# (ad done wit( t(e victim. 35

B59 5 Section 92:'A

Kidnapping for ransom, etc: Whoever kidnaps or abducts any person or keeps a person in detention of the 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 death or hurt, or causes hurt or death to such person in order to compel the 9overnment or any foreign &tate or international inter2governmental organization or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. '(e kidnapped c(i"d was recovered from t(e custod# of t(e accused b# t(e raiding part#. '(e "etter demanding ransom was recovered from t(e pocket of t(e accused. 5e (ad neit(er posted it nor contacted an# bod# for t(e purpose for t(ree
33 34

2..1 -r %L 1&34 )!-*. !.;. >is(ra+ GIndian 0ena" -odeH+ -entra" %aw 0ub"ications+ A""a(abad+ 14t( :dition+ 2.. at pg. 5,3. 35 &acha &ingh v. &tate of 6un4ab+ 2..1 -r %L 1&34 )!-*.

da#s ti"" (is arrest. '(e court said t(at t(ere was no demand for ransom. An offence under t(is section was not made out. -onviction under section 3 3 and 3 5 was (e"d proper.3 5ence t(e ingredients of t(is section are3&D 1. Kidnapping or abducting an# person 2. '(reatens to cause deat( or (urt to suc( person 3. -ompe""ing t(e 7overnment or an# person to pa# ransom.

8ecent -aseD -5 4iaFuat Ali K!an 65 State of An#!ra -ra#es!91 A gir" named Keart(i aged about 3 #ears was stud#ing ;urser# c"ass in !ri %aks(mi :ng"is( >edium !c(oo". 0?45 was (er c"ass teac(er and 0?4 t(e principa" of sc(oo". 0?41 is grandfat(er and 0?42 is fat(er of t(e said victim minor gir" Keart(i. 0?4& is t(eir driver and 0?4 3 is maid servant. 6n 34&42..1+ 0?4&+ t(e driver dropped t(e gir" at t(e sc(oo" at about ,43. am. At about ,445 am one person came to (er c"ass+ informed t(e 0?45 (er c"ass teac(er t(at parents of t(e c(i"d forgot to give s#rup to (er and on (is reAuest t(e gir" was sent wit( (im to administer t(e same. After noticing t(at t(e c(i"d (as been carried awa# b# (im+ t(e c"ass teac(er instructed 0?43 t(e maid servant to stop (im. '(e said person did not stop t(oug( cautioned b# 0?43 and so+ s(e asked 0?4, w(o was coming b# scooter to stop t(at person. ?(en 0?4, stopped (im and enAuired about t(e matter+ t(e said person informed t(at (e was taking t(e c(i"d for administering s#rup and sa#ing so+ (e boarded a bus and went awa#. '(ereafter+ 0?43 went to s(op of 0?44 and enAuired from (im w(o a"so informed (er about t(e taking awa# of t(e c(i"d b# said person. %ater 0?43 and 0?45 went to 0?4
3

:etra 6al v. &tate +: T- of ;elhi+ 2..1 -r %L 1 9 )De"* 8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(Fs ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ pg. 1. 3, )2..9* 3 -r. %.L. 3&3 )!.-.*
3&

and informed about t(e incident to (er+ w(o in turn informed about t(e incident to t(e parents of t(e c(i"d. 0arents came to t(e sc(oo"+ searc(ed for t(e c(i"d in ;.8. 0eta area of Krnoo" and surrounding p"aces. 0?43 and 0?45 narrated t(e p(#sica" features of t(e kidnapper. 0?412 registered t(e case on t(e basis of report and 0?413 took up furt(er investigation. %ater on 44&42..1 a "etter demanding 8s. 1 crore for re"easing t(e c(i"d was received b# 0?41+ w(o (anded over t(e same of 0?413+ t(e investigation officer. 6n 94&42..1 anot(er "etter addressed in t(e name of 0?42 was dropped in t(e (ouse of 0?49 a neig(bor of 0?41 demanding 8s.&5 %ak(s wit( instruction to keep t(e amount in a bag and p"ace it under a cu"vert w(ic( "etter was a"so (anded over to 0?413. 6n 1.4&42..1 at about 1243. pm on instruction of 0?413 a bag containing paper was p"aced at t(e p"ace desired. !ome persons were (iding in a nearb# t(orn# bus(es around t(e cu"vert. At about 1 pm t(e accused came to t(at p"ace b# a scooter picked up t(e bag and w(en (e reac(ed t(e road constab"es surrounded and caug(t (o"d of (im and on enAuir# t(e accused furnis(ed (is particu"ars. '(ereafter t(e accused+ took t(e po"ice to a (ouse w(ic( was "ocked from outsides. '(e accused opened t(e doors and "ed t(em to rear side bat(room w(ere t(e c(i"d was found. 0?42 identified t(e c(i"d. 'ria" court (e"d (im gui"t# and passed t(e sentence of "ife imprisonment. It was (e"d b# t(e !upreme -ourt in appea" t(at section 3 44a dea"s wit( separate t#pe of offence w(ere a ransom is distinguis(ing feature. In t(is case demand of ransom (as c"ear"# estab"is(ed and t(e ro"e p"a#ed b# t(e accused (as been ana"#sed b# t(e -ourts be"ow. '(e c(i"d was recovered on disc"osure made b# t(e accused (o (ad kept (im "ocked in a (ouse. '(erefore t(e accused was (e"d "iab"e to be convicted under section 3 44 A+ I0-. B5:5 Section 92B: Kidnapping or abducting with intent secretly and wrongfully to confine person: Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either

description for a term which may e#tend to seven years, and shall also be liable to fine. !ection 3 5 reAuires an intention to confine a person secret"# and wrongfu""#. 5o"ding a person to ransom b# (is abductors is an offence under t(is section. 39 ?(ere t(ere was sufficient evidence to s(ow t(at t(e victim woman abducted from (er (ouse and t(en taken to different p"aces w(ic( inc"uded confinement to one p"ace unti" s(e was recovered b# t(e po"ice+ it was (e"d t(at t(e accused cou"d be convicted under t(is section and !. 3 , but not section 3 .4. '(ere was amp"e evidence to s(ow t(at t(e victim was taken awa# under deceit and t(en so"d to a brot(e" (ouse. !(e was not a minor at t(e time of t(e incident. '(erefore+ t(e accused cou"d not be convicted under !. 3 convicted under !.3 5.41 B5B Section 922: Kidnapping, abducting or inducing woman to compel her marriage, etc: 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, or knowing it to be likely that she will be forced or seduced to illicit intercourse shall be punished with imprisonment of either description for a term which may e#tend to ten years, and shall also be liable to fine1 and whoever, by means of criminal intimidation as defined in this ode or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent or 3&2. '(e# cou"d be

39 4.

/.>. 7and(i+ EIndian 0ena" -odeF+ :astern /ook -ompan#+%ucknow+ 2nd :dition+ 2.. at p.53. <iyaz 8hmed v. &tate of "ihar+ 199. -r %L 2241. 41 &haik $am4an v &tate+ 1999 -r %L 21 1.

that she may be, or knowing that it is likely she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid. ?(ere a woman (as no intention of marriage or "awfu" intercourse w(en kidnapped+ t(is section app"ies.42 +n&re#ients: t(is section reAuiresD 1. Kidnapping or abducting of an# woman 2. !uc( Kidnapping or abducting must be4 i* wit( intent t(at s(e ma# be compe""ed or knowing it to be "ike"# t(at s(e wi"" be compe""ed to marr# an# person against (er wi"" or ii* in order t(at s(e ma# be forced or seduced to i""icit intercourse+ or knowing it to be "ike"# t(at s(e wi"" be forced or seduced to i""icit intercourseI or
iii* b# means of crimina" intimidation or ot(erwise b# inducing an#

woman to go from p"ace wit( t(e intent t(at s(e ma# be+ or knowing t(at s(e wi"" be+ forced or seduced to i""icit intercourse.43 It is immateria" w(et(er t(e woman kidnapped is a married woman or not. ! !" KID#APS $R A%D&'(S A#) *$+A#: If t(e gir" was eig(teen or over+ s(e cou"d on"# be abducted and not kidnapped+ but if s(e was under eig(teen s(e cou"d be kidnapped as we"" as abducted if t(e taking was b# force or t(e taking or enticing was b# deceitfu" means. about age+ if not reso"ved satisfactori"#+ wou"d go in favor of t(e accused.45
44

Co"untari"# going awa# for marriage is not an offence under t(is section. Doubts

42

8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ pg. 4. 43 Ibid. 44 :awabkhan v. &tate+ 199. -r %L 11&9 )>0* 45 &atish =umar v. &tate+ 19,, -r %L 5 5 )De"*

! !, *I(- (-. I#(.#( (-A( S-. +A) %. '$+P.//.D ($ +ARR) A#) P.RS$# A0AI#S( -.R *I// : '(e intention of t(e accused is t(e basis and t(e gravamen of t(e offence under t(is section. '(e vo"ition+ t(e intention and t(e conduct of t(e woman do not determine t(e offenceI t(e# can on"# bear upon t(e intent wit( w(ic( t(e accused kidnapped or abducted t(e woman.4 ?(ere on"# confinement was estab"is(ed+ t(e !upreme -ourt (e"d t(at t(e conviction was possib"e under !. 3 5 and 3 , and not 3 .4& 6nce t(e necessar# intent of t(e accused is estab"is(ed t(e offence is comp"ete+ w(et(er or not t(e accused succeeded in effecting (is purpose+ and w(et(er or not in t(e event t(e woman consented to t(e marriage or t(e i""icit intercourse.4, ! !1 2$R'.D $R S.D&'.D ($ I//I'I( I#(.R'$&RS.: '(e word EforcedF is used in its ordinar# dictionar# sense and inc"udes force b# stress of circumstances. '(e e1pression EseducedF+ used in t(is section and section 3 4A+ means inducing a woman to submit to i""icit intercourse at an# time.
49

?(ere a gir" under eig(teen #ears of age is taken awa# from t(e keeping of (er fat(er b# t(e accused wit( t(e ob9ect of marriage and section+ (e is gui"t# of an offence under t(is section+ notwit(standing t(e fact t(at t(e gir" accompanied (im if (er own accord and not as a resu"t of force or misrepresentation. >ere abduction does not bring an accused under t(e ambit of !ection 3 of t(e Indian 0ena" -ode )Kidnapping abducting or inducing woman to compe" (er marriage*. Qn"ess t(e prosecution proves t(at t(e abduction is for t(e purposes mentioned in !ection 3 + I0-+ t(e -ourt cannot (o"d t(e accused gui"t# and punis( (im under t(e section.
4

8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(Fs ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ pg. 5. 4& <iyaz 8hmad v. &tate of "ihar+ 199. -r %L 2241 4, K(a"i"4Qr4ra(man+ )1933* 11 8an 213 )$/* 49 8ames(+ )19 2* 4 /om %8 &,. )!-*

'(e !upreme -ourt made t(ese observations w(i"e (earing an appea" c(a""enging a conviction under !ection 3 of t(e I0-. . '(e !ession -ourt

7abbu was tried for committing offences under !ection 3 convicted t(e accused4appe""ant under !ections 3

and sentenced (im to

undergo two #ears rigorous imprisonment. '(e 5ig( -ourt in t(e appea" preferred b# t(e accused appe""ant confirmed t(e order of t(e !ession -ourt fo""owing w(ic( t(e !upreme -ourt was moved. A Division /enc( comprising Lustices ! / !in(a and 0 0 ;ao"ekar+ w(i"e setting aside t(e conviction and a""owing t(e appea" observed t(at t(at a mere finding t(at a mere finding t(at a woman was abducted is not enoug(. It must be furt(er proved t(at t(e accused abducted t(e woman wit( an intent t(at s(e ma# be compe""ed+ or knowing it to be "ike"# t(at s(e wi"" be compe""ed to marr# an# person or in order t(at s(e ma# be forced or seduced to i""icit intercourse or knowing it to be "ike"# t(at s(e wi"" be forced or seduced to i""icit intercourse. $urt(er+ t(e /enc( observed t(at is necessar# for t(e prosecution to prove t(at t(e accused induced t(e comp"ainant4woman or compe""ed b# force to go from an# p"ace t(at suc( inducement was b# deceitfu" means. ?(i"e dea"ing wit( t(e instant case t(e /enc( observed t(at t(e prosecutri1 (ad now(ere a""eged t(at s(e was abducted wit( t(e intention to commit an offence. In overa"" consideration of t(e materia" p"aced on record b# t(e prosecution+ we do not find t(at t(e prosecution (as proved t(at t(e accused4appe""ant (as committed an offence under !ection 3 + I0-. '(ere is a doubt as to t(e p"ace of incident and t(e motive of t(e accused in taking awa# t(e prosecutri1. ?e find it difficu"t to be"ieve in t(e stor# put up b# t(e prosecutri1 t(at s(e was forced to "eave (er p"ace of residence under a t(reat b# s(owing a knife to (er+ t(e court a"so observed. In order to constitute an offence a person must be carried off.

Recent CaseD State of +aharashtra 6! 0ajanan 3 -emant 4anardhan *an5hede5. 0rosecutri1+ w(o is t(e daug(ter of comp"ainant Ambaprasad >is(ra+ was residing wit( t(e fami"# in >angi"a" p"ots+ Amravati. '(e accused4respondent was a"so t(e resident of t(e same "oca"it#. '(e prosecutri1 was educated upto & t( standard and s(e (ad taken (er education in >unicipa" !c(oo" ;o. 5 at Amravati. 5er date of birt( recorded in officia" documents was 4. .19& and t(e incident of kidnapping (er b# t(e accused took p"ace on 21.4.1991. As suc( s(e was aged 14 #ears+ 1. mont(s and 1& da#s at t(e time of t(e incident. 6n 21.4.1991+ t(e accused sent a message to prosecutri1 t(roug( one !ac(in and ca""ed (er to come wit( a bag at a p"ace near (er sc(oo". According"#+ t(e prosecutri1 went at t(at p"ace. '(en t(e accused+ prosecutri1 and !ac(in went b# an autoricks(aw to -(inc(fai" area of Amravati w(ere t(e grandmot(er of t(e accused was residing. '(e# reac(ed t(ere at about 1... p.m. '(e accused took (is suitcase. '(en t(e accused and prosecutri1 w(o were accompanied b# !ac(in+ arrived b# an autoricks(aw at /adnera 8ai"wa# station. !ac(in went back to Amravati from /adnera 8ai"wa# !tation and t(e accused and prosecutri1 arrived at ;agpur b# train. '(e# reac(ed ;agpur at about 5... p.m. '(erefrom t(e# went to L(ansi. '(e# reac(ed L(ansi ear"# in t(e morning+ i.e. at about 4... to 5... a.m. At L(ansi+ t(e# went to t(e (ouse of t(e sister of t(e accused name"# %ata. '(e# sta#ed in one separate room in t(e (ouse of accusedFs sister for about , to 1. da#s. During t(is period+ t(e# used to s"eep in t(at room and t(e accused practica""# on ever# nig(t performed se1ua" intercourse wit( prosecutri1. '(en from L(ansi+ t(e accused and prosecutri1 arrived at /ic(ona and sta#ed t(ere in t(e (ouse of one 8a9put for about 344 da#s and t(e accused performed se1ua" intercourse wit( t(e prosecutri1 twice. '(en from /ic(ona+ bot( of t(em came to >undai. '(e# resided at >undai in t(e (ouse of one ;armadaprasad for about one and (a"f mont(s. $rom >undai+ t(e accused and prosecutri1 arrived at
5.

2.., -r %L 3549

-(inc(k(ed via ;agpur and Amravati and sta#ed in t(e (ouse of t(e sister of t(e accused for about 445 da#s. Again from -(inc(k(ed+ t(e# went to ;agpur and sta#ed in t(e (ouse of one friend of t(e accused for about 2. da#s. '(e accused was working as a "abourer during t(is period. '(e accused and t(e prosecutri1 t(en again came back to -(inc(k(ed+ sta#ed t(ere for one da# and t(en went to Katsoor. '(e# sta#ed at Katsoor at t(e (ouse of materna" aunt of t(e accused for about 445 da#s. '(en t(e# came to 0aratwada and t(erefrom went to vi""age 'a"egaon w(ere t(e# sta#ed wit( t(e aunt of t(e accused. '(en from 'a"egaon+ t(e# went to De"(i. /ut since t(e address of t(e person wit(in w(om t(e# were going to sta# at t(at p"ace was not avai"ab"e+ t(e# returned back to 'a"egaon. During a"" t(ese da#s+ t(e accused performed se1ua" intercourse wit( t(e prosecutri1. ?(i"e at 'a"egaon+ t(e fat(er of t(e prosecutri1 and 8a9apet( )Amravati* 0o"ice arrived t(ere. '(e statement of t(e prosecutri1 was recorded and s(e was taken back. >eanw(i"e+ immediate"# on t(e ne1t da# of t(e occurrence+ i.e. 22.4.1991+ t(e fat(er of t(e prosecutri1 on coming to know t(e fact about kidnapping (is daug(ter b# t(e accused+ (ad "odged t(e report in 0o"ice !tation 8a9apet(+ Amravati+ on t(e strengt( of w(ic( t(e offence under !ections 3 3 and 3 I0was registered as -rime ;o. 1,4 of 1991. '(en on 2,.,.1991+ t(e prosecutri1 and t(e accused were traced at 'a"egaon and accused was arrested. 0rosecutri1 was referred to ?omenFs 5ospita"+ Amravati+ for (er medica" e1amination. '(e >edica" 6fficer concerned e1amined (er and found t(at (er (#men was ruptured+ s(e was (abituated to se1ua" intercourse and s(e was carr#ing pregnanc# of 4 to weeks. 6n arrest of t(e accused+ (e was a"so referred for medica" e1amination and t(e >edica" 6fficer concerned opined t(at (e was capab"e of committing se1ua" intercourse. '(e ossification test of t(e gir" was a"so carried out and t(e opinion of t(e concerned >edica" 6fficer was t(at t(e gir" was aged about 14 to 1 #ears. '(e radio"ogica" e1amination of t(e accused was a"so performed

w(erein it was found t(at (e was aged about 2. #ears. '(e necessar# investigation was conducted and on comp"etion of t(e same t(e accused stood c(arge s(eeted for t(e offences punis(ab"e under !ections 3 3+ 3 and 3& I0-. '(e conc"usions of t(e 5ig( -ourt were tota""# erroneous. '(e 5ig( -ourt came to presumptuous conc"usion about t(e date of birt( of t(e victim. '(e inevitab"e conc"usion was t(at t(e 9udgment of t(e 5ig( -ourt is unsustainab"e+ and was set aside. '(e respondent was surrendered to custod# to serve t(e remainder of t(e sentences.

B52 Section 922 A:

Procuration of minor girl: Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with 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 shall be punishable with imprisonment which may e#tend to ten years, and shall also be liable to fine. Sections 922 and 922 B are intended to punis( t(e e1port and import of gir"s for prostitution. !ection 3 A dea"s wit( procuration of minor gir"s from one part of India to anot(er part. !ection 3 / makes it an offence to import into India from an# countr# outside India be"ow t(e age of twent# one #ears for t(e purpose of prostitution.51 +n&re#ients: '(is section reAuires two t(ingsD 1. inducing a gir" under eig(teen #ears to go from an# p"ace to do an act+ 2. intention or know"edge t(at suc( gir" wi"" be forced or seduced to i""icit intercourse wit( a person.
51

8atan"a" D(ira9%a"+ GIndian 0ena" -odeH+ %e1is;e1is /utterwort(s ?ad(wa+ ;agpur+ 13t( :dition )8eprint 2..4 :dition* 2..,+ pg. &.

An offence under t(is section is one of inducement wit( a particu"ar ob9ect+ and w(en after t(e inducement t(e offenders offer t(e gir" to severa" persons a fres( offence is not committed at ever# fres( offer for sa"e. 1. Se#uce#: '(e word EseducedF is used in t(e ordinar# sense of enticing or tempting irrespective of w(et(er t(e minor gir" (as been previous"# compe""ed or (as submitted to i""icit intercourse. 2. A&e: It is necessar# to prove t(e age of t(e prosecutri1 to be be"ow 1, #ears. In t(is case+ t(e sc(oo" certificate was considered to be t(e best evidence. 0redominant"#+ women and c(i"dren are trafficked in for t(e Gse"ual tra#eH. '(e "ack of emp"o#ment in t(eir native countries+ force women and c(i"dren into i""ega" migration+ t(roug( migrant traffickers w(o offer Gpackage dea"sH. Deceptive means suc( as fa"se promises of careers in business+ factories and (ouse(o"ds+ are used to "ure t(e women and c(i"dren to being trafficked. '(e# are inevitab"# t(en found imprisoned in brot(e"s. In man# cases+ t(e women are "ured to foreign countries in t(e (ope of obtaining "egitimate work+ w(ere t(e# are t(en paid sa"aries and t(e povert# eventua""# forces t(em to resort to prostitution or to prostitute t(emse"ves under duress.52 '(e trafficking of c(i"dren is usua""# b# wa# of kidnapping or abduction+ once abducted+ t(reats and acts of vio"ence are used to (o"d on to t(e victims. In '(ai"and for instance+ brot(e" managers emp"o# agents to co""ect p(otos of #oung gir"s as t(e# go to sc(oo". '(e gir"s are t(en se"ected b# t(e managers and upon se"ection t(e gir"s are ordered b# t(em for t(e agents to kidnap.

52

0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking D'(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpDNNwww.ew"a.orgNwfRd"NpaperRDevi.doc

Aside from t(e kidnapping or abduction+ Asian -ountries (ave a"so faced t(e povert# driven se""ing of Gdaug(tersH b# t(e impoveris(ed fami"ies to GagentsH for sometimes as "ow as Q!S2.. a c(i"d+ w(ic( c(i"dren are t(en re4so"d to traffickers. '(e sa"e of t(e gir" c(i"d b# (er fami"#+ due to povert#+ in turn p"aces t(e financia" burden of supporting (er fami"# on t(e gir" c(i"d. !uc( trafficking is an e1amp"e of non4vio"ent trafficking of c(i"dren. A"so of "arge incidence is w(ere t(e agents pose as Gpotentia" (usbandsH used to deceive t(e fami"# of t(e gir" c(i"d into be"ieving t(e gir" c(i"d and (er Gric(H (usband wi"" take over t(eir financia" burden+ inevitab"# (owever+ t(e gir" c(i"d is t(en eit(er so"d to traffickers or forced into prostitution. 5owever+ one must remember t(at it benefits t(e traffickers to keep t(eir victims in a foreign environment w(ere not on"# are t(e# vu"nerab"e for (aving entered a countr# i""ega""#+ but are a"so disadvantaged because of t(eir ignorance of t(e "aw+ cu"ture and "anguage of t(at countr#.53 $or women and gir"s additiona" protection is provided in t(e Immora" 'raffic 0revention Act. '(is act was amended in 195 to provide for more severe pena"ties for offences invo"ving c(i"dren and minors. Qnder t(is act an#one w(o detains a woman or gir" in a brot(e" or on an# ot(er premise wit( t(e intent t(at t(e fema"e person s(a"" (ave se1ua" intercourse wit( ot(er persons is "iab"e to punis(ment. 'o faci"itate prosecution+ certain circumstances are presumed to constitute i""ega" detainment. '(us if someone is found wit( a c(i"d in a brot(e" or a c(i"d t(at (as been se1ua""# assau"ted is found in a brot(e" it is presumed t(at t(e c(i"d is i""ega""# detained. 6ffenders are "iab"e to a prison term from & #ears to "ife. '(ese strict "iabi"it# provisions a""ow for a (ig(er possibi"it# of curbing t(e

53

0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking D'(e 8ecent emergence of t(e g"oba" issueH+ retrieved from (ttpDNNwww.ew"a.orgNwfRd"NpaperRDevi.doc

offence+ w(ic( wou"d ot(erwise not be possib"e wit(out t(e reversa" of t(e burden of proof as (as often (appened in drug4re"ated offences.54 Recent CaseD (an,a a 65 State of KarnatakaBB+

6n .3..4.199&+ 5anumant(appa+ fat(er of t(e victim+ "odged a comp"aint a""eging t(at (is daug(ter !(i"pa+ aged 13 #ears+ was kidnapped b# t(e appe""ants i.e. Ci9a# >.!./a"akris(na >adiwa"ar and >an9appa (erein on 24..1.199& at about 11... a.m. from (is (ouse and t(e# (ad taken (er to /omba# wit( an intention to force (er to (ave i""icit intercourse and t(ereafter+ (ad so"d t(e victim to !(anta at /omba# for 8s.5...N4 for t(e purpose of prostitution and for immora" purposes. 6n t(e strengt( of t(e said comp"aint+ Kumarapatnam 0o"ice registered a case in -rime ;o. 41 of 199& and started investigation. 6n 24..4.199&+ on receiving information about t(e victim+ t(e Investigation 6fficer (ad gone to /omba# a"ong wit( t(e panc( witnesses and t(e comp"ainant+ traced out t(e gir" and t(e appe""ants (erein and returned to Kumarapatnam 0o"ice !tation on 2&..4.199&. '(e same da#+ t(e statement of t(e victim !(i"pa was recorded and s(e was sent to t(e -.7. 5ospita" Davanagere for medica" e1amination. '(e appe""ants (erein and !(anta were arrested on 2&..4.199& and c(arged for t(e commission of t(e offences punis(ab"e under !ections 3 A+ 3&2+ 3&3 read wit( 34 I.0.-. '(e prosecution e1amined si1 witnesses in support of its case and marked severa" documents. '(e session 9udge convicted t(e !(anta and >adiwa"ar but acAuitted t(e >an9appa for section 3 4A+ 3&2 and 3&3 rNw 34 of and convicted I0-. In appea" b# state in (ig( court t(e sentence of !(anta and >adiwa"ar was increased to & #ear imprisonment and fine of 8s. 5.+...N4 >an9appa wit( same. '(e supreme court confirmed t(e sentence of (ig( court and re9ected t(e appea" of >adiwa"ar And >an9appa for reduction of sentence.
54 55

Ibid )2.1.* IC -r.%.L. 4&29 )s.c.*

B5=5 Section 922B: Importation of girl from foreign country ! Whoever imports into India from any country outside India .or from the &tate of >ammu and =ashmir any girl under the age of twenty2one 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 which may e#tend to ten years and shall also be liable to fine. '(e !e"ect -ommittee in t(eir 8eport observedD Gt(e case of gir"s imported from a foreign countr# we propose to dea" wit( b# t(e insertion of a new section 3 / in t(e -ode. ?e are unanimous"# of opinion t(at t(e reAuirements of t(e -onvention wi"" be substantia""# met b# pena"i3ing t(e importation of gir"s from a foreign countr#. At t(e same time we (ave so worded t(e c"ause as to prevent its being made a dead4"etter b# t(e adoption of t(e course of importing t(e gir" first into an Indian !tate.5 After t(e coming into force of t(e -onstitution of India t(is section was amended to bring it in accord wit( t(e c(anged circumstances.5& B51 Section 92=: Kidnapping or abducting in order to subject person to grie6ous hurt, sla6ery, etc: Whoever kidnaps or abducts any person in order that such person may be sub4ected, or may be so disposed of as to be put in danger of being sub4ect to grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to be likely that such person will be so sub4ected or disposed of, shall be punished with imprisonment of either description for a term which may e#tend to ten years, and shall also be liable to fine.
5 5&

7a3ette of India+ dated $ebruar# 1.+ 1923+ 0art C+ p.&9 /.>. 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+%ucknow+ 2nd :dition+ 2.. at p.53

B5C Section 921: *rongfully concealing or 5eeping in confinement, 5idnapped or abducted person: Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he dad 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. '(is section does not app"# to t(e principa" offender but to t(ose persons w(o assist (im in concea"ing an# person w(o (as been kidnapped. A kidnapper cannot be convicted under t(is section.5, +n&re#ients of t(is sectionD 1. '(e person in Auestion (as been kidnapped 2. '(e accused knew t(at t(e said person (ad been kidnapped. 3. '(e accused (aving suc( know"edge wrongfu""# concea"s or confines t(e person concerned. Apart from direct evidence t(ese ingredients can be proved b# facts and circumstances of a particu"ar case.59 In Saroj Kumari case . t(e appe""ant was found in possession of a newborn c(i"d. 6n asking+ no e1p"anation was given b# (er. !(e pretended to concea" t(e c(i"d and c"aim it to be (ers. It was a fact t(at s(e (ad not de"ivered in t(e recent past. !ince a"" t(e ingredients were estab"is(ed s(e was (e"d to be gui"t# of t(e offence. Know"edge of t(e assai"ant is t(e most important factor (ere. $or a"" practica" and "ega" purposes+ know"edge means t(e state of mind entertained b# a person wit( regard to e1isting facts w(ic( (e (as

5, 59

<iyaz 8hmed v. &tate of "ihar+ 199. -r %L 2241 !aro9 Kumari+ 19&3 -r %L 2 & . )19&3* 3 !-- 9

(imse"f observed+ or t(e e1istence of w(ic( (as been communicated to (im b# a person (e (as no reason to doubt. B503 Section 92C:
1

Kidnapping or abducting child less than ten years with intent to steal from its person: Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may e#tend to seven years, and shall also be liable to fine. '(is section is intended to protect enticing awa# of c(i"dren from t(eir parents in order to stea" ornaments from t(e c(i"dren. '(e offence being a serious one+ punis(ment is & #ears imprisonment and fine. It ma# (owever be noted t(at t(e offence under 3 3 is inc"uded in t(is section.
2

'(e offence is cogni3ab"e+ non

bai"ab"e+ not compoundab"e and triab"e b# a first c"ass >agistrate.

1 2

/.> 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+2 nd :dition+ 2.. +p.53&. /.> 7and(i+ GIndian 0ena" -odeH+ :astern /ook -ompan#+ %ucknow+2 nd :dition+ 2.. +p.53&.

25 S4AE%RG AND $ORC%D 4ABOUR Section 9=3 4 Whoever imports, e#port, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as slave, shall be punished with imprisonment of either description for a term which may e#tend to seven years and shall also be liable to fine. Section 9=0 ' Whoever habitually imports, e#ports, removes, buys, sells, traffics or deals in slaves, shall be punished with "?imprisonment for life@ or with imprisonment of either description for a term not e#ceeding the years, and shall also be liable to fine. Section 9=8 ' Whoever sells, lets to hire, or 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 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 purpose, shall be punished with imprisonment of either description for a term which may e#tend to ten years, and shall be liable to fine. .7planation I When a female under the age of eighteen years sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages 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. .7planation II

<or the purposes of this section 8illicit intercourse8 means se#ual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a Auasi 2marital relation. =5 TH% +((ORA4 TRA$$+C ;-R%E%NT+ON< ACT/ 0CB2 ?it( a view to imp"ement Internationa" -onvention signed at ;ew Tork on t(e 9t( >a#+ 195.+ G the suppression of immoral traffic in woman and girls bill, "9 :H was introduced in t(e %ok !ab(a on t(e 2. t( December+ 1954+ b# t(e t(en >inister K.;. Kat9u. In 195. t(e 7overnment of India ratified an Internationa" -onvention for t(e !uppression of Immora" 'raffic in 0ersons and t(e :1p"oitation of t(e 0rostitution of ot(ers. Qnder Artic"e 23 of t(e -onvention+ traffic in (uman beings is pro(ibited and an# contravention of t(e pro(ibition is an offence punis(ab"e b# "aw. Qnder Artic"e 35 suc( a "aw (as to be passed b# 0ar"iament as soon as ma# be after t(e commencement of t(e -onstitution. %egis"ation on t(e sub9ect of suppression of immora" traffic does e1ist in a few !tates but t(e "aws are neit(er uniform nor do t(e# go far enoug(. In t(e remaining !tates t(ere is no bar on t(e sub9ect at a"". In t(e circumstances it is necessar# and desirab"e t(at a -entra" "aw s(ou"d be passed w(ic( wi"" not on"# secure uniformit# but a"so wou"d be sufficient"# deterrent for t(e purpose. /ut a specia" feature of t(e /i"" is t(at it provides t(at no person or aut(orit# ot(er t(an t(e !tate 7overnment s(a"" estab"is( or maintain an# protective (ome e1cept

under a "icense issued b# t(e !tate 7overnment. '(is wi"" c(eck t(e estab"is(ment of (omes w(ic( are rea""# dens for prostitution
3

'(e Immora" 'raffic )0revention* Amendment /i""+ 2.. amends t(e Immora" 'raffic )0revention* Act+ 195 to combat trafficking and se1ua" e1p"oitation for commercia" purposes. '(e /i"" de"etes provisions t(at ana"#3e prostitutes for so"iciting c"ients. It ana"#3es an# person visiting a brot(e" for t(e purpose of se1ua" e1p"oitation of trafficked victims. A"" offences "isted in t(e /i"" wou"d be tried in camera+ i.e.+ t(e pub"ic wou"d be e1c"uded from attending t(e tria". ?(i"e prostitution is not an offence+ practicing it in a brot(e" or wit(in 2.. m of an# pub"ic p"ace is i""ega". '(ere seems to be a "ack of c"arit# on w(et(er prostitution oug(t to be a "egitimate wa# of earning a "iving if entered into b# c(oice. 0ena"i3ing c"ients w(o visit prostitutes cou"d drive t(is sector underground+ preventing "ega" c(anne"s of support to victims of trafficking. '(is /i"" punis(es trafficking for t(e purpose of prostitution. 'rafficking for ot(er purposes )suc( as bonded "abor and domestic work* is not covered b# t(e /i"". '(e /i"" aims to combat trafficking in persons for se1ua" e1p"oitation. It does not pro(ibit prostitution. It addresses t(e issue of trafficking t(roug( bot( supp"# side )b# measures to punis( traffickers* and demand side )pena"ties for c"ients* mec(anisms. '(ere are t(ree issues t(at need to be considered. $irst+ w(et(er prostitution oug(t to be a "egitimate wa# of earning a "iving if t(e person enters or sta#s in t(e profession out of c(oice. !econd+ w(et(er t(e demand side mec(anism of punis(ing c"ients wou"d be t(e best wa# to tack"e trafficking. '(ird+ w(et(er trafficking in persons for purposes ot(er t(an se1ua" e1p"oitation wou"d be ana"#3es. '(ese issues are discussed be"ow.
4

&.1 4e&ality of rostitutionD

3 4

(ttpDNNsocia"we"fare.de"(igovt.nic.inNimmora"traffact1.(tm+ www.indiatoget(er.orgN2.. NoctN"aw4immora".(tm+

'(e /i"" defines GprostitutionH as se1ua" e1p"oitation or abuse of persons for commercia" purposes and a Gbrot(e"H as an# (ouse or p"ace w(ic( is used for purposes of se1ua" e1p"oitation for t(e gain of anot(er person or for t(e mutua" gain of two or more prostitutes. A"t(oug( t(e /i"" does not ana"#3e an individua" if (e is in prostitution for (is own profit+ it ana"#3es prostitution if carried on in a brot(e" or from an# pub"ic p"ace wit(in 2.. meters of an educationa" institution+ p"ace of re"igious wors(ip+ (ote"+ (ospita"+ nursing (ome or an# pub"ic p"ace notified b# t(e -ommissioner of 0o"ice or >agistrate. !uc( c"auses+ w(i"e tec(nica""# not pro(ibiting prostitution+ make it a"most impossib"e for a person to operate as a prostitute. '(us+ t(e /i"" "acks c"arit# on w(et(er prostitution oug(t to be a "egitimate wa# of earning a "iving if t(e person enters or sta#s in t(e profession out of c(oice. 5

&.2 -unis!in& ClientsD

'(e /i"" seeks to ana"#3e an# person w(o visits a brot(e" for t(e purpose of se1ua" e1p"oitation of a trafficked victim. '(e issues t(at arise out of suc( a provision are as fo""ows. It wou"d be difficu"t for a person visiting a brot(e" to distinguis( between a trafficked person and a non4trafficked person. A person is ana"#3es on"# if (e se1ua""# e1p"oits a trafficked victim. If t(e victim is not trafficked+ t(e c"ient wou"d not be ana"#3es. An# person visiting or found in a brot(e" can be ana"#3es if t(e purpose of t(e visit is se1ua" e1p"oitation of a trafficked victim. 5owever+ as t(e term Ese1ua" e1p"oitationF is not defined in t(e /i""+ it cou"d "ead to (arassment of ever# person w(o visits a brot(e" irrespective of t(e ob9ect of (is visit. Internationa" e1perience suggests t(at t(e provision to ana"#3e c"ients ma# not be an effective wa# to curb se1ua" e1p"oitation. $or e1amp"e+ !weden views prostitution as an aspect of ma"e vio"ence against women

Ibid

and c(i"dren and ana"#3es t(e act of purc(asing se1ua" services. '(ere is a view t(at t(is provision (as moved t(e trade underground.

&.3 Traffickin& 4imite# To -rostitutionD

India is a signator# to t(e Q; 0rotoco" to 0revent+ !uppress and 0unis( 'rafficking in 0ersons :specia""# ?omen and -(i"dren+ supp"ementing t(e Q; -onvention against 'ransnationa" 6rgani3ed -rime. '(is 0rotoco" defines Etrafficking in personsF as Et(e recruitment+ transportation+ transfer+ (arboring or receipt of persons+ b# means of t(e t(reat or use of forceF. :1p"oitation s(a"" inc"ude+ at a minimum+ t(e e1p"oitation of t(e prostitution of ot(ers or ot(er forms of se1ua" e1p"oitation+ forced "abor or services+ s"aver# or practices simi"ar to s"aver#+ servitude or t(e remova" of organs.H

15 STAT+ST+CS 8332 H8331 '(ere (as been a significant rise in kidnapping cases owing to t(e rising prosperit# toget(er wit( inadeAuate "aw enforcement. In 2.. + t(e "atest period for w(ic( data is avai"ab"e+ t(e number of reported abductions 9umped 52 percent to 23+991+ from 15+&5. in 2..5+ ranking India si1t( among 1. countries wit( t(e worst record for kidnappings+ according to t(e ;ationa" -rime 8ecords /ureau. Qttar 0rades( recorded t(e (ig(est number of kidnappings at 3+31, in 2.. + fo""owed b# /i(ar and And(ra 0rades( at 2+ 19 and 2+.3.+ respective"#. '(e rise in kidnapping incidents comes at a time w(en domestic and overseas companies are e1panding in t(e (inter"and+ w(ere t(e "aw enforcement mac(iner# is often not ab"e to provide adeAuate protection to t(eir emp"o#ees. >ad(#a 0rades(+ >a(aras(tra+ Qttar 0rades( and -((attisgar( )99&* (ave accounted for 24.,+ 15.4+

www.indiatoget(er.orgN2.. NoctN"aw4immora".(tm+

12.. and .& per cent of tota" crimes respective"# against c(i"dren at t(e nationa" "eve". 0rocuration of >inor 7ir"s )!ec. 3 A I0-* 2.5 cases were reported in t(e #ear

2.., as compared to 145 suc( cases in 2..&+ accounting for 29.3O increase over 2..&. And(ra 0rades( (as reported 4, suc( cases indicating a s(are of 33.1 percent at nationa" "eve". In abso"ute numbers+ t(ese cases registered a fa"" to 4, against . in 2..& in case of And(ra 0rades( and 9 in 2.., from 32 in 2..& in Qttaranc(a". A minor increase of ..1 per cent was noticed in Kera"a )2. cases in 2..& increased to 21 cases in 2..,*. 2, cases of E/u#ing of gir"sF and 5. cases of E!e""ing of gir"sF for 0rostitution were reported in t(e countr# during 2..& against 21 and 19 suc( cases respective"# in 2..,. And(ra 0rades( U De"(i wit( 32.1O eac( a"ong wit( >a(aras(tra 21.4 accounted for ,5. O )24 cases* of tota" cases of E/u#ing of 7ir"sF and ?est /enga" (as accounted for ,,..O )44 cases* of t(e tota" cases of E!e""ing of 7ir"sF for 0rostitution reported in t(e countr#. Incidence of kidnapping and abduction of women and gir"s recorded an increase of 9.4O from 2..4 to 2..,. & '(ere (as been a significant rise in kidnapping cases owing to t(e rising prosperit# toget(er wit( inadeAuate "aw enforcement. In 2.. + t(e number of reported abductions 9umped 52 percent to 23+991+ from 15+&5. in 2..5+ ranking India si1t( among 1. countries wit( t(e worst record for kidnappings+ according to t(e ;ationa" -rime 8ecords /ureau. 833C'8300 '(e fo""owing tab"e can be taken into account to understand t(e "eve" of crime of kidnapping and abduction in India during t(e period of 2..,42.11 in a"" India "eve"+ and in states of 5ar#ana+ 0un9ab and Qnion 'erritor# of -(andigar(.

&

(ttpDNNncrb.nic.inNcii2..&Ncii42..&N-5A0 .pdf+

!tate and Tear 5ar#ana 0un9ab -(andigar( India

2..9 91 92 4. 33, .

2.1. 9 3 &,9 3, 3,44.

2.11 959 ,1 5, 44 4

In 2.11 tota" no. of cases under Indian 0ena" -ode re"ating to offence of Kidnapping and abduction were 44 4 w(ic( amounted to 1.9 percent of tota" crimes under Indian 0ena" -ode. 6ut of t(ese in 2.11+ Kidnapping and abduction of women and gir"s amounted to 355 5 w(ic( was 1.5 percent of tota" no. of crimes in Indian 0ena" -ode. 8ate of crime was 3.& percent for kidnapping and abduction w(ereas c(arges(eeting rate and convictiona" rate was &..5 percent and 2&.3 percent respective"#.
,

$urt(er t(e fo""owing tab"e can be ver# (e"pfu" in understanding and comparing t(e data of states of 5ar#ana+ 0un9ab and -(andigar( regarding Kidnapping and Abduction during t(e #ear of 2.11 9D !tateNQ ' -ases 8epor ted t(e #ear ;o. cases wit(dra of -ases not investig b# ated -ases 'ota" dec"a red or fa"se cases w(ere c(args (eet -ases ted -ases -ase s convic acAuitt

ed and pendi disc(ar ng ged 'ria" at t(e end of #ear

during wn during tion

t(e govt. in w(ic( on investig was refused Investiga ation

accou "aid nt of and mista fact or fina" submitt ed ke of report

(ttpDNNncrb.nic.inN-D4-II2.11Ncii42.11NfigureO2.atO2.aO2.g"ance.pdf and (ttpDNNncrb.nic.inNcii2..&Ncii42..&N-5A0 .pdf 9 (ttpDNNncrb.nic.inN-D4-II2.11NAdditiona"O2.tab"eO2.ciiO2.2.11N-asesO2.registeredO2.and O2.t(eirO2.disposa"O2.underO2.I0-O2.crimesO2.duringO2.4O2.2.11O2.fina".1"s

5ar#an a 0un9ab -(andi gar( India

959 ,1 5, 44

. . . 4 19&

. . . 192

"aw 3.. 1&4 15 9

25 3& 32 323,,

432 . 1. 4..1

&2 1& 14 1. ,.

3 . 135& 5. 95.& 4

CONC4US+ON :ssentia" to combating trafficking of c(i"dren is t(e co4operation between t(e "ega" s#stems+ t(e government bodies and t(e non4government bodies around t(e g"obe. '(e passing of deterrent "aws for t(e trafficker+ as opposed to t(e victim is a step towards reducing t(e occurrence of trafficking in c(i"dren+ (owever one must bear in mind t(at t(e crimina" mind wi"" a"wa#s find its wa#s to circumvent t(e "aws passed. >ost societies are p"agued b# t(e ma"ad# of c(i"d trafficking+ making it toda# a Gg"oba" p(enomenonH #et it remains somew(at GunknownH. '(e e1act magnitude of t(e offence is not represented in terms of data and statistics and t(e e1act modes of perpetration are sti"" ob"ivion. '(ere is "ack of awareness amongst citi3ens @ possib"# due to t(e c(auvinism of state aut(orities to disc"ose i""s t(at affect nationa" dignit# and reck"essness. -o4operation amongst countries need to be fostered to counter t(is p(enomenon+ for instance b# uniformit# in pena" provisions between countries w(ic( wou"d be a we"come consideration to reciproca" enforcement of protection and prevention in trafficking w(ic( is main"# a Gcross4borderH crime. '(is uniformit# can be ac(ieved t(roug( ratification of internationa" instruments and nationa" imp"ementation of t(ese internationa" (umanitarian instruments re"ating to trafficking of c(i"dren.

B+B4+OGRA-HG
BOOKS R%$%RR%D:
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;agpur+ 13t( :dition )8eprint 2..4 :dition*+ 2..,. 3. !ing( K.K and /agga 8.+ GIndian 6enal A""a(abad+ 2nd edition+ 1994 4. >is(ra !.;.+ Indian 6enal :dition. 2.. . 5. /asu ;.D.+ G-ommentar# on Indian 0ena" -odeH ed. 1. t(+ vo". 2+ As(oka %aw 5ouse+ ;ew De"(i+ 2..& . !arvaria !K+ G8A ;e"sonFs Indian 0ena" -odeH ed. 9t( + Co". 3+ %e1is;e1is /utterwort(s 0ub"ications+ ;ew De"(i &. ?a"ker+ G61ford -ompanion to %awH+ 61ford 0ub"ications+ ;ew De"(i+ 2.t( :dition+ 19,.+ odeH+ -entra" %aw 0ub"ications+ A""a(abad+14t( odeH+ '(e %aw /ook -ompan#+

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1. 0uan !ri Datin !eri ;. !araswat(# Devi+ E-(i"d 'rafficking D'(e 8ecent emergence of t(e g"oba" issueH 2. Can /ueren +G'(e Internationa" %aw on t(e 8ig(ts of a -(i"d+H K"uwer 19,9

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1. (ttpDNNwww.man.org.npNmdcampusNpptN1&4KidnappingO2.andO2.e1tortion4 8anendraO2.>an.ppt. 2. (ttpDNNwww.indiatoget(er.orgN2.. NoctN"aw4immora".(tm. 3. (ttpDNNsocia"we"fare.de"(igovt.nic.inNimmora"traffact1.(tm. 4. (ttpDNNwww.manupatra.com.
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. (ttpDNNwww.ew"a.orgNwfRd"NpaperRDevi.doc. &. (ttpDNNncrb.nic.inNcii2..&Ncii42..&N-5A0 .pdf. ,. (ttpDNNncrb.nic.inN-D4-II2.11NAdditiona"O2.tab"eO2.ciiO2.2.11N-ases O2.registeredO2.andO2.t(eirO2.disposa"O2.underO2.I0-O2.crimes O2.duringO2.4O2.2.11O2.fina".1"s 9. (ttpDNNncrb.nic.inNcii2..&Ncii42..&N-5A0 .pdf 1.. (ttpDNNncrb.nic.inN-D4-II2.11Ncii42.11NfigureO2.atO2.aO2.g"ance.pdf

Ot!er References:
1. 2. 7a3ette of India+ dated $ebruar# 1.+ 1923+ 0art C /"ackFs "aw Dictionar#