KIDNAPPING & ABDUCTION UNDER CRIMINAL LAW by Kishan Vasuthevan https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas KISHAN A/L VASUTHEVAN - (012022071640) - DEVNISWARAN A/L ALAGURAJA (012022071641) - DANIEL A/L JASUDASS (012022071642) en-us 2022-12-02 14:39:14 UTC 2022-12-02 15:47:05 UTC hello@padlet.com Definition of Kidnapping & Abduction kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406728740 Definition of Kidnapping

Kidnapping is the unjustifiable detention of a person against their will, which frequently involves transportation or assualt. The asportation and abduction component is frequently, but not always, carried out through force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is persuaded to join the vehicle voluntarily.

Definition of abduction 

Abduction is defined as the act of removing a person from their usual location through coercion, fraud, or other coercive measures that may involve physical force. Although the two crimes are fairly similar, the accusations made against the accused are very different. To guarantee a court case begins more smoothly, it is crucial to ensure the appropriate charge has been issued.]]> 2022-12-02 14:44:36 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406728740 Section in Malaysia Penal Code kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406733043 KIDNAPPING 
SECTION 359 : There are two types of kidnapping: kidnapping from Malaysia and kidnapped under a legal guardianship.
SECTION 360 : Kidnapping from Malaysia is defined as the act of transporting a person outside the borders of Malaysia without that person's consent or the approval of a third party who is legally authorized to act on that person's behalf.
SECTION 361 : Kidnapping from lawful guardianship - Whoever takes or entices any minor under the age of fourteen if a male, or under the age of sixteen if a female, or any person of unsound mind, out of the custody of the lawful guardian of such minor or person, without the consent of such guardian, is said to have kidnapped such minor or person from lawful guardianship.
ABDUCTION
SECTION 362. Whoever by force compels or by any deceitful means induces any person to go from any place, is said to abduct that person.
PUNISHMENT FOR KIDNAPPING & ABDUCTION
SECTION 363 : Whoever kidnaps any person from Malaysia or from lawful guardianship, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
]]> 2022-12-02 14:47:36 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406733043 Elements and Factors in Kidnapping & Abduction kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406789777 Elements of kidnapping
1) When an individual is removed, against his or her will, from a location and taken to another location.

2) Transportation of the individual an essential element of the crime, and the movement must be more than something slight.

3) When individual is not transported to a new location, but is instead confined against his or her will in a certain space.

4)If the victim is restrained in a manner that restricts his or her freedom of movement, this is enough to constitute kidnapping.

Elements of abduction
1.The person kidnapped must be a woman.

2. It must be against her will.

3. The abduction must be for lewd or unchaste designs.]]> 2022-12-02 15:25:56 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406789777 LATEST DECIDED CASE LAW FOR KIDNAPPING AND ABDUCTION IN MALAYSIA kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406802374 Amendment of section 3

The Kidnapping Act 1961 [Act 365], which is referred to as the “principal Act” in this Act, is amended in subsection 3(1) by substituting for the words “with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping” the words “with imprisonment for life and with whipping of not less than twelve strokes”. 

Transitional 

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.]]> 2022-12-02 15:35:24 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406802374 Any examples/illustrations such as picture, diagram, newspaper cutting etc kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406812940 2022-12-02 15:43:46 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406812940 Any examples/illustrations such as picture, diagram, newspaper cutting etc kvasuthevan7 https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406817285 2022-12-02 15:47:05 UTC https://padlet.com/kvasuthevan7/56azu4cxo0wc2mas/wish/2406817285