Judicial Dictionary



Title Kidnapping
Details

Kidnapping literally means child stealing. Under the Penal Code of Bangladesh, the word means carrying away any human being regardless of age or sex.
Abduction differs from kidnapping- (a) In abduction, the removal of the person need not be from the protection of lawful guardianship; (b) the element of force or fraud existing in abduction is absent in kidnapping ; (c) in abduction the age of the person, abducted is immaterial; (d) abduction is a continuing offence.
The offence under section 363, PPC is not continuing offence. A minor is deemed always to be under lawful guardianship, within the freedom which is allowed to him, e.g.; such as he can be shown to be accustomed to practice. ….. [Muhammad Razzaq vs. State, 19 DLR (SC) 379]
For proving the offence of kidnapping the minority of the victim will have to be established at the trial. ….. [Md. Wahed Ali Dewan vs. State & another 1994 BLD (AD) 32]
See Sections 359, 360, 361 of the Penal Code, 1860 (XLV of 1860). Rafiq Ahmed vs. the State 13 DLR 65 WP