This article will help you to know all about the law related to kidnapping in Nepal.
The crime of seizing and carrying away a person by force or fraud, often with a demand for ransom.
Kidnapping can be defined as an act or instance or the crime of seizing, confining, abducting, or carrying away a person by force or fraud often with a demand for ransom or in furtherance of another crime.
The word kidnapping has been derived from the word “kid” plus “napping” which means stealing of a child. – 17th century.
The term abduction and kidnapping are often used interchangeably, but there is a subtle difference between the two.
Abduction may be defined as the process of taking someone by tricking him or her and holding the person captive. The intent is often not made known in an abduction, also, a ransom is not demanded.
However, Kidnapping is the taking away of a person by force, threat, or deceit, with the intent to cause him or her to be detained against his or her will. Kidnapping may be done for ransom or other purposes.
Elements of Kidnapping
- Intention to get money/ransom by kidnapping a person
- Desire and knowledge of result or consequences
- Use of force
- With threat
- Controlling within the vehicle
Also Read: Homicide Law in Nepal
Law Related to Kidnapping in Nepal
Offenses Relating to Kidnapping or Taking of Hostages
Prohibition of kidnapping:
- No person shall kidnap, or cause to be kidnapped, another person.
- For the purposes of subsection (1), a person shall be considered to have committed kidnapping if he or she does any of the following acts:
a. To take any person to or compel him or her to go to any place by using force or threats to use force or by practicing fraud, deception or intimidation or by showing or not showing arms or by misrepresenting or by administering narcotics or alcoholic substance to him or her or by seizing or controlling in any way a vehicle by which he or she is traveling or exercising control in any way over such vehicle, or
b. To take by force any person to any place without his or her consent or any child or any person who is under the shelter of anyone due to his or her physical incapacity or any person of unsound mind due to mental illness without the consent of his or her father, mother or guardian or by way of misrepresentation.