SC: Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC

FACTS OF THE CASE

• A sixth standard student from Secunderabad, Hyderabad was kidnapped for ransom by an auto-rickshaw driver.
• The father of the boy had gone to the accused to hand over the ransom amount of 2 lakhs.
• The appellant auto-rickshaw driver was apprehended by police and was charged under Section 364A of IPC.

BACKGROUND

• Session's judge convicted the accused by establishing guilt under Section 364A of IPC.
• The appellant here appealed before the High court against the order of Sessions Court but the appeal was dismissed.
• The present appeal is before the SC against the order of the High Court.

OBSERVATION OF THE COURT

• A two-judge bench comprising Justice Ashok Bhushan and Justice R Subhash Reddy observed three conditions to be fulfilled to prove conviction under Section 364A which are as following.
• Kidnapping or abduction of any person and keeping such person in detention after abduction or kidnapping.
• Threatening to cause death or harm to the person.
• Causing actual hurt or death of the kidnapped or abducted person.

ORDER

• The court held that after fulfillment of the first condition, either the second or third condition should be fulfilled to make a conviction under Section 364A.
• Sessions Court and High Court did not feel the necessity to look into this aspect.
• There was no threat to causing harm or death nor the boy was hurt.
• The court overruled the orders of Sessions Court and High Court and acquitted the accused for the offense under section 364A and altered the conviction to Section 363 IPC.

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