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KHUGEN RAJ A/L RAMACHENDRAN (012021021380)

VIKNESHAH  A/L RAVI (012021020791)

DINESH RAO  A/L  SUBRAMANIAM (012021020728)

KIRTHIAINI MURALY (012022021201)

KATHLEEN A/P SINNAPPAN (012021021319)

THARAN A/L SUBARMANIAM (012021090914)

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1. Definition of Kidnapping & Abduction 

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1. Definition of Kidnapping & Abduction 

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Under common law, kidnapping was defined as the forcible removal of a person from their own country and into another. A person is kidnapped when they are taken by force, threat, or deception with the intention of keeping them in captivity against their will. Kidnapping can be carried out for ransom, political, or other reasons. Abduction is when a criminal takes someone away using open force, fraud, coercion, or persuasion. Sometimes, the words "kidnapping" and "abduction" are used synonymously. Whether the individual being taken has given their agreement or not, abduction is the unlawful disruption of a familial relationship, such as taking a kid away from their parent. A person is taken or held against his or her will and without a court's permission in a kidnapping.

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Kidnapping or abducting in order to murder

364. Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for a term which may extend to * thirty years and shall, if he is not sentenced to death, also be liable to whipping.

Illustrations

(a) A kidnaps Z from Malaysia intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

Kidnapping or abducting with intent secretly and wrongfully to confine a person

365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Kidnapping or abducting a woman to compel her marriage, etc.

366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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

367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Wrongfully concealing or keeping in confinement a kidnapped person

368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or keeps such person in confinement, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or

knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement.

Kidnapping or abducting child under ten years with intent to steal movable property from the person of such child

369. Whoever kidnaps or abducts any child under the age of ten years, with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

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3. Elements and Factors in Kidnapping & Abduction

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3. Elements and Factors in Kidnapping & Abduction

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Elements and Factors in Kidnapping & Abduction

Kidnapping is defined as the taking and transporting of a person against his or her will, or the confinement of a person in a secure space for unlawful reasons. Kidnapping can be done for a variety of reasons, including obtaining a ransom or reward, enabling the commission of a felony, or terrorising the victim or a third party. Even illegitimate confinement of a person qualifies as kidnapping if it is sufficiently severe to interfere with the victim's liberty. The commuting in interstate or foreign commerce of an unconsenting person who is held for ransom, reward, or otherwise, with such acts being done knowingly and willfully, is an essential element of kidnapping.

1. Taking, Seizing, Detention, or Restraint

The facets of kidnapping are determined by the verbiage of the applicable state legislation. However, kidnapping is generally defined as the taking and intent to kidnap. Coercion or deception are also generally required elements in the crime of kidnapping. Furthermore, kidnapping basically covers the seizure, confinement, or detainment of another, and such behaviour is required for a criminal abduction or kidnapping. According to certain authorities, confinement alone constitutes kidnapping. The underlying principle of confinement is not its location, but whether the victim is effectively isolated from society's normal safeguards as a result of his or her confinement. When there is a significant interference with a person's liberty, the element of restraint is present.

2. Movement, Asportation, or Carrying Away

Kidnapping by asportation is one method used to establish the offence in some counties. In this reference, some state kidnapping legislations require evidence of an indictable offence, such as seizure, confinement, kidnapping, abduction, or carrying away. In some states, the prosecution must prove that a person was illegitimately moved by means of physical force or fear, that the movement was without the person's consent, and that the movement was for a significant distance.

3. Effect of Distance of Removal or Duration or Place of Detention

Kidnapping precedents make no distinction between the distance a kidnapped person is moved, the duration of removal, or the location of detention. Courts have sustained kidnapping convictions despite minor confinement or movement. In this regard, it has been stated that taking or confinement is a critical component of kidnapping, regardless of distance or time or place of confinement. However, in some states, the prosecution must prove that a person was unlawfully moved and, among other things, that the movement was for a significant distance in order to prove the crime of kidnapping.

4. Force or Threat; Confining or Taking by Force; Other Means of Instilling Fear

Some state kidnapping laws do not require the use of force to commit the crime of abduction. In some jurisdictions, the prosecution has to demonstrate beyond a reasonable doubt that the perpetrator confined the victim by force in order to establish the offence of kidnapping. Furthermore, in some states, the prosecution must prove that the defendant confined, abducted, or imprisoned another person against her or his will and without lawful authority, either with intention to commit or facilitate the commission of any felony or with intent to inflict bodily harm on or terrorise the victim or another person.

5. Secrecy; Concealment and Deception

Some kidnapping statutes require "secrecy," but in certain jurisdictions, showing secrecy is not a required element of kidnapping. Moreover, in some jurisdictions, the prosecution must prove that the defendant forcibly, secretly, or by threat confined, abducted, or imprisoned another person without his or her consent or lawful authority, either with intent to commit or facilitate the commission of any felony or with intent to inflict bodily harm on or terrorise the victim or another person. When the statutory definition requires secrecy, it is a significant factor of the crime. The term "concealment" has been used in some statutory definitions of kidnapping. Concealment is possible under certain conditions, including on a public highway. So long as the vehicle is in motion on state highways, there can be secret confinement within the meaning of a statute requiring secrecy. Deception is an element of kidnapping under some statutes.

6. Lack of Consent of Victim

The victim's refusal to consent is a critical component of kidnapping. Both judicial precedent and modern statutes require that the taking or carrying away be done against the victim's will. The involuntary nature of the seizure and detention is central to the crime of kidnapping. The victim's initial consent to some conduct does not necessarily preclude the establishment of the lack of consent element.

7. Effect of Incapacity to Consent; Child as Victim

Kidnapping must be committed against the victim's will to be considered an offence. If the victim is of such an age or mental state that he or she is incapable of having a recognisable will, the confinement must be against the will of the victim's parents or legal guardians. However, before criminal liability can be imposed, the victim's incapacity must be proven beyond a reasonable doubt in relation to the specific acts in question. In general, children under the age of 14 are presumed incapable of consenting. To demonstrate will in the face of an alleged kidnapping, the child must first comprehend the concept of kidnapping and its potential relevance to the predicament.

8. Particular Purpose or Intent

Prosecution for kidnapping requires the defendant to take deliberate or knowing action to restrain the victim. Kidnapping is defined as the taking or confining of any person by force, threat, or deception, with the intent to hold such person:

for ransom, or as a shield or hostage

to facilitate flight or the commission of any crime, even if the crime facilitated is a less serious crime, such as robbery or rape

to inflict bodily harm or terrorise the victim, or another

to interfere with the performance of any governmental

Kidnapping occurs when someone abducts another person or, after abducting another, continues to restrain him or her with the intent to commit a felony.

Some kidnapping statutes require the intent to keep or conceal a child from its parent, guardian, or other person having lawful care or control of the child.

Furthermore, in some states, the state must prove that the defendant confined, abducted, or imprisoned another person against her or his will and without lawful authority, either with intent to commit or facilitate the commission of any felony or with intent to inflict bodily harm on or terrorise the victim or another person.The motivation to force the victim, or any other person, to make any concession or give up anything of value in order to secure the release of the victim who is under the offender's actual or apparent control is required for firstdegree kidnapping. Aggravated kidnapping requires the intent to cause bodily harm or terrorise.

9. Accomplishment

Although taking or carrying a person away for a specific purpose may be an element of the crime of abduction or kidnapping, the purpose does not have to be accomplished to constitute the offence of kidnapping. The intent to force a concession or take a person is all that is required for first-degree kidnapping. It does not, however, require that the stipulation be made or that the abductiobe's ultimate goal be achieved.

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4. Latest Decided Case Law (Malaysia or any country)

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4. Latest Decided Case Law (Malaysia or any country)

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KUALA LUMPUR: Five men were sentenced to life imprisonment after the High Court here found them guilty of kidnapping a money changer in Penang in 2016.

Judge Akhtar Tahir delivered the verdict against the five – T.Shasitaran, 38, M Ashogan, 39, Muhamad Sultan Ahmad Kabil, 43, Ong Shan Chia, 37, and Yoh Shyh Ming, 33 – and also sentenced them to 10 strokes of the rotan each.The five have been in prison since they were arrested on Oct 3, 2016.

They were charged under Section 3(1) of the Kidnapping Act 1961, read with Section 34 of the Penal Code, which provides for the death sentence or life imprisonment upon conviction.