Table of Contents
Kidnapping involves the unlawful abduction and retention of a person against his or her will, usually by violence, intimidation, or fraud. It typically involves intent to extort ransom, exploit the victim, or inflict harm. Kidnapping is a grave infringement of personal liberty and security and is a crime in most states. The effect of kidnapping on the victim can be traumatic, leading to emotional, psychological, and even physical damage. The punishment for perpetrators of kidnapping differs with the nature of the crime, but it is internationally known and accepted to be a serious crime.
Hostage-taking is a criminal act where an individual or group unlawfully detains one or more people, typically using them as leverage to achieve a particular objective, such as political demands, ransom, or to influence a decision or action. It involves the use of force, threat, or coercion to control the victim's freedom and is often associated with situations of armed conflict, terrorism, or criminal extortion. Hostage situations are highly dangerous, both for the victims and the perpetrators, and often lead to high levels of stress, trauma, and violence.
Legally, hostage-taking is regarded as a severe crime and is punishable by stringent penalties, especially when the victim is harmed or if the act involves terrorism or organized crime. International conventions, such as the International Convention Against the Taking of Hostages, emphasize the global effort to prevent and punish hostage-taking. The primary goal in handling hostage situations is the safe release of the victims while ensuring the perpetrators are brought to justice.
National Penal Code 2074, chapter 17 section 211 to section 218 has mentioned provisions regarding kidnapping and hostage-taking in Nepal.
Legal Provision relating to kidnapping and hostage-taking
Kidnapping (National Penal Code 2074, Section 211)
No person shall kidnap another person.
The following acts are considered to have committed kidnapping: -
- To take any person to a place or compel them to go to a place.
- Using force or threats of force
- Showing or not showing arms (weapons)
- Practicing fraud, deception, or intimidation
- Misrepresenting information
- Administering narcotics or alcoholic substances
- Seizing or controlling a vehicle by which he or she is traveling
- To take any person by force to a place
- Without their consent
- Without the consent of a child or a person under the care of another
- Without the consent of a person of unsound mind due to mental illness
- Without the consent of their father, mother, or guardian
- Through misrepresentation.
Hostage Taking (National Penal Code, 2074 Section 212)
National Penal Code has made provisions prohibiting acts of hostage-taking.
Following acts are considered to have been acts of Hostage-taking: -
- If that person seizes or detains another person without his or her consent or
- If that person seizes or detains a child or a person of unsound mind without the consent of his or her father, mother or guardian
- Uses force or threats to use force
- Practices of fraud, deception, coercion or intimidation
- Shows or does not show arms (weapons)
- Misrepresents information
- Administers narcotic or alcoholic substances
- Seizes or controls a vehicle or place where the person is staying.
Following acts are not considered as hostage-taking: -
- Act done in good faith
- A person of unsound mind under surveillance.
- Taken in control for treatment or other benefit to the concerned person.
- Taken with the consent of the unsound person’s father, mother, or guardian.
Punishment for Kidnapping and Hostage Taking
- A person who does, or causes to be done, any act of kidnapping/ hostage taking shall be liable to a sentence of imprisonment for a term of seven to ten years and a fine of seventy-five thousand to one lakh rupees.
- If the person does, or causes to be done, such act with the intention of causing death, causing injury by subjecting to hurt, committing rape or unnatural sex, trafficking or enslaving, or subjecting to forced labor, engaging into prostitution, subjecting to torture, compelling to do or cause to be done any act, taking ransom or compelling to do any other act which constitutes any offence under the law in force, and to a sentence of imprisonment for a term of three to five years and a fine of thirty thousand to fifty thousand rupees.
- A person who takes another person hostage after kidnapping him or her shall be liable to a sentence of imprisonment for a term of ten to fifteen years and a fine of one lakh to one lakh fifty thousand rupees.
- A person who does any other act considered to be an offence under the law in force by committing kidnapping or hostage-taking shall be liable to the sentence referred to in addition to the sentence imposable for such offence.
- The offence is committed, or cause to be committed, in an organized manner, the persons committing such offence shall be liable to an additional sentence of imprisonment for a term of two years.
Person who abets or orders or attempts or conspires or is accomplice to be liable to sentence:
- A person who abets or orders the commission of any offence shall be liable to the same sentence as is imposable on the principal offender.
- The person who attempts or conspires to commit or is accomplice to the commission of such act shall be liable to half the sentence imposable for that offence.
Reduction of sentence
Where a person committing an offence under this Chapter surrenders before the security personnel at the time of committing the offence or renders assistance 137 in arresting the other offenders or members of the gang committing that offence,
Compensation
A reasonable compensation shall be ordered to be paid to the victim by the perpetrator.
Kidnapping and hostage-taking are heinous crimes against personal liberty and security. Committed generally through violence, fraud, or coercion, these crimes have disastrous consequences for victims, leading to long-term emotional, psychological, and physical harm. The law of the land, such as the National Penal Code 2074 of Nepal, lays down strict punishments, serving justice to the victim and deterring the offender. The international community has recognized the gravity of such crimes, and strict laws and international conventions have been established. There should be robust legal frameworks, strict enforcement, and preventive measures to fight against such threats. Human rights should be guarded and justice dispensed to victims of such atrocities.