IPC Section 367
IPC Section 367 – Kidnapping or abducting in order to murder
What it means
Section 367 deals with situations where a person kidnaps or abducts someone with the intent to murder them.
It is a combination of kidnapping/abduction plus intent to commit a serious crime (murder).
Key Points
Actus Reus (The Act)
The offender must kidnap or abduct a person.
“Kidnapping” generally means taking a person away from lawful guardianship or control.
“Abduction” is taking or enticing someone away by deceit or force.
Mens Rea (The Mental Element)
The offender must have the intent to murder the kidnapped or abducted person.
Mere kidnapping without intent to kill falls under other sections, not 367.
Combination of Crimes
The law treats this as a serious offence because it endangers the victim’s life.
Section 367 is more severe than general kidnapping (Sec. 361 or 363 IPC).
Punishment
The punishment under Section 367 is:
Imprisonment for life, or
Imprisonment up to 10 years, and
Fine
Note: Life imprisonment may be imposed depending on the circumstances of the case.
Illustrations / Examples
Example 1 – A kidnaps B with the plan to murder B later. A is guilty under Section 367.
Example 2 – A abducts C to take revenge and kill C. This also falls under Section 367.
Example 3 – A abducts D to ransom him. Since there is no intent to murder, this does not fall under 367 but under another kidnapping/abduction section.
Objective of Section 367
To severely punish kidnapping or abduction when the intent is murder.
To protect the life and liberty of individuals against serious threats.
To act as a deterrent for people attempting to combine abduction with life-threatening intent.
✅ In summary:
Section 367 IPC punishes anyone who kidnaps or abducts a person with the intention of committing murder. The punishment can be life imprisonment or imprisonment up to 10 years, along with a fine. It specifically targets kidnapping/abduction with murderous intent.
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