Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Ram Deo Prasad vs State of Bihar

   Supreme Court of India 11 Apr 2013 Binding (SC) - Landmark Reportable

   Court's Decision & Legal Precedent

   While the conviction of the appellant under sections 376 and 302 IPC is justified based on the circumstantial evidence that he was found in possession of and carrying the victim shortly after she was brutally abused, the death sentence cannot be confirmed in view of the significant deficiencies in investigation, charge framing, trial procedure (specifically the inadequate section 313 examination), the reliance on circumstantial evidence without forensic corroboration, the quality limitations of eyewitness identification in difficult conditions (fog and darkness), and the appellant's lack of adequate legal representation. The quality and nature of evidence available, procedural lapses, and the circumstances of the accused are relevant factors in death penalty sentencing alongside the nature of the offence. Therefore, the death sentence is commuted to life imprisonment of not less than 18 years actual imprisonment.

   On this section: Wrongful abduction of person to compel to marriage or concubinage - noted that charge was not framed despite evidence suggesting taking away of child

   Read the full order on eCourts India

2. Govind Singh& ORS. vs State

   High Court 09 Nov 2006 Persuasive (Other High Court)

   Court's Decision & Legal Precedent

   Where in the course of trial, evidence emerges that any person not being the accused has committed an offence for which such person could be tried together with the accused, the court has the power under Section 319 CrPC to proceed against such person. This power can be exercised when prima facie evidence of the person's involvement is found from witness statements and other material on record. The High Court's inherent powers under Section 482 CrPC to quash proceedings should be exercised only in rarest of rare cases where there is serious miscarriage of justice or abuse of process, and not merely because the accused was not named in the original FIR if evidence during trial establishes their involvement.

   On this section: Kidnapping or abduction in order to subject person to grievous hurt, slavery, or unnatural lust. Court analyzed essential ingredients and found prima facie evidence that victim was kidnapped and subjected to assault causing grievous injuries.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.