IPC Section 359
IPC Section 359 (Original Text)
The original Section 359 of the Indian Penal Code (IPC), enacted in 1860, was concerned with kidnapping. Here's the language from the original IPC:
"359. Kidnapping.—Whoever kidnaps any person shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine."
In its original form, Section 359 was focused primarily on kidnapping and laid down punishment for the act. However, as legal definitions evolved and the need for more detailed laws regarding specific crimes grew, Section 359 was later repealed and replaced by more precise and expanded laws in the IPC, specifically concerning kidnapping and robbery.
Evolution and Changes:
Section 359 was repealed: The legal provisions related to kidnapping were no longer captured under Section 359 after it was replaced by newer sections that were more specific in their definition and punishment for crimes like kidnapping and robbery.
New Sections on Kidnapping and Robbery: Modern law brought Section 360 and Section 361, which provided more detailed definitions and punishments for kidnapping.
Current IPC Sections on Kidnapping:
After Section 359 was repealed, the following sections became relevant for kidnapping:
1. Section 360 - Kidnapping from India:
This section deals with the offense of kidnapping a person from India. It includes any individual who is unlawfully removed from Indian territory without consent.
Section 360: "Whoever kidnaps any person from India shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine."
2. Section 361 - Kidnapping from lawful guardianship:
This section refers to the kidnapping of a person (usually a child or minor) from the custody of their lawful guardian (i.e., parents, guardians, or persons responsible for the child's care).
Section 361: "Whoever kidnaps any minor child under the age of 16 (if male) or 18 (if female) from the lawful guardianship of a person, shall be punished with imprisonment, which may extend to seven years, and shall also be liable to a fine."
The Modern Concept of Robbery (Section 390)
Although IPC Section 359 initially referred to kidnapping, robbery was and still is defined in the IPC, but in a more detailed way under Section 390.
Section 390 - Robbery:
Section 390 defines robbery as the theft of goods or valuables done with the use of force or the threat of force. It elevates the crime of theft to a more serious offense by considering the violence or the threat of violence used in committing the act.
Section 390: "Robbery is defined as theft in which the offender, at the time of committing the theft, causes or attempts to cause death, hurt, or wrongful restraint to any person, or instigates or attempts to instigate any person to do so."
Key Elements of Robbery under IPC Section 390:
Theft: The crime must involve the stealing of property.
Use of Force or Threat: To convert the theft into robbery, the offender must either:
Use force (e.g., hitting, pushing, etc.), or
Threaten the victim with immediate harm (e.g., threatening to kill or injure the victim if they resist).
Intent to Cause Harm: Robbery involves not just stealing but doing so with the intention or effect of causing harm (e.g., hurt, wrongful restraint, or death).
Punishment for Robbery (Section 392 to 394):
Section 392: If a person commits robbery and causes hurt, they can be punished with imprisonment (7 years), and a fine may also be imposed.
Section 393: If a person commits robbery but no harm or hurt is caused (i.e., no physical injury), they can be punished with imprisonment for up to 3 years or a fine.
Section 394: If in the process of committing robbery, hurt is caused, the punishment can extend to life imprisonment or imprisonment for up to 10 years along with a fine.
Summary of IPC Sections 359 to 390
To clarify the evolution and distinction:
Original Section 359 (Kidnapping): Focused on kidnapping but was replaced by Sections 360-361.
Kidnapping now falls under:
Section 360: Kidnapping from India.
Section 361: Kidnapping from lawful guardianship.
Robbery (Section 390): The modern definition of robbery (theft with force or threat) is described under Section 390.
Thus, Section 359 as it was originally drafted no longer exists in the IPC. It was essentially an early version dealing with kidnapping but was later revised for clarity and precision.
Final Thoughts
Section 359, though originally significant for dealing with kidnapping, is no longer in force.
Kidnapping now has its own clear, separate sections (360 and 361), focusing on different aspects like kidnapping from India and from lawful guardianship.
Robbery is a separate offense that involves theft accompanied by violence or the threat of violence, and it falls under Section 390.
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