Before discussing further Section 364A, it is relevant to mention what 364A talks about. Section 364A of IPC states as follows-

364A. Kidnapping for ransom, etc.—

“Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.”

Historical background

The proposal for addition of Section 364A to the Indian Penal Code was first modified by the Law Commission of India in its 42nd Report submitted in 1971. The relevant portion of the report reads as under:

“16.100 We consider it desirable to have a specific section to punish severely kidnapping or abduction for ransom, as such cases are increasing. At present, such kidnapping or abduction is punishable under Section 365 since the kidnapped or abducted person will be secretly and wrongfully confined. We also considered the question whether a provision for reduced punishment in case of release of the person kidnapped without harm should be inserted, but we have come to the conclusion that there is no need for it.

We propose the following section: –

“364A. Kidnapping or abduction for ransom – Whoever kidnaps or abducts any person with intent to hold that person for ransom shall be punished with rigorous imprisonment for a term which may extend to 14 years, and shall also be liable to fine.”

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Chapter 25

SUMMARY OF RECOMMENDATIONS

25.1. xxxxxxxxxxx

A brief summary of the principal recommendations made in each chapter is given below: xxxxxxxxxxxxxxx

(14) Kidnapping or abduction for ransom should be an aggravated form of the offence of kidnapping or abduction punishable with rigorous imprisonment upto fourteen years and fine.”

The recommendations of the Law Commission appear to have languished for nearly two decades before the Criminal Law (Amendment) Bill, 1992 was presented to the Parliament by the Government proposing to add to the IPC Section 364A in a form slightly different from the one in which the Law Commission had recommended such addition. What is important is that in the statement of Objects and Reasons, accompanying the bill, a two-fold justification was given by the Government for the proposed addition namely:

(i) that kidnappings by terrorists for ransom for creating panic amongst the people and for securing release of their associates and cadres had assumed serious dimensions and

(ii) The Law Commission had in its 42nd Report recommended a specific provision to deal with the menace of kidnapping and abductions for ransom.

The Bill eventually led to the Criminal Law Amendment Act 1993 (Act 42 of 1993), introducing Section 364A to the Indian Penal Code with effect from 22nd May, 1993, in the following words:

“364A. Kidnapping for ransom, etc.— Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.”

Shortly after the introduction of the above provision arose the need for an amendment to the same. The amendment was necessitated by reason of India acceding to the international convention against the taking of hostages adopted by the General assembly of the United Nations on 17th December, 1979 in the background of Iranian hostage crisis.

The Convention aimed at fighting international terrorism, came into force with effect from 3rd June, 1983 but was acceded to by India with effect from 7th September, 1994.

The Indian Penal Code (Amendment) Bill 1994, Bill No. LXV of 1994 was, in the above background, introduced in the Rajya Sabha on 25th August, 1994 to amend Section 364A so as to substitute the expression “any other person” by the words “any foreign State or international inter-governmental organisation or any other person” in the said section. The Statement of Objects and Reasons for the amendment also gave the background in which the amendment was considered necessary. The Statement of Objects and Reasons accompanying the bill were as under:

“STATEMENT OF OBJECTS AND REASONS

An international convention against the taking of Hostages was adopted by the United Nations General Assembly on the 17th December, 1979 the said convention seeks to develop international cooperation between the states in devising and adopting effective measures for prevention prosecution and punishment of all acts of hostage taking. India has decided to accede to the said convention since it is one of the important conventions aimed at fighting international terrorism.

For the purpose of implementing the convention it is proposed to amend section 364A of the Indian Penal Code which provides punishment for the offence of kidnapping for ransom etc. It is proposed to widen the scope of the said section by including therein situations where the offence is committed with a view to compelling foreign states or international inter governmental organisations to do or abstain from doing any act or to pay a ransom. The bill seeks to achieve the above object.”

A Committee of Home Affairs constituted by Rajya Sabha examined the issue and submitted a report dated 29th November, 1994 in support of the amendment to Section 364A. The existing Section 364A did not, it opined, take care of situation where the offence was committed with a view to compel a foreign State or international inter-governmental organisation to do or abstain from doing any act or paying ransom. The relevant extract of the Report is as under:

“In its note furnished to the Committee, the Ministry of Home Affairs explained the background and the necessity for amending section 364-A of the Indian Penal Code, 1860, as under: –

An International Convention Against the Taking of Hostages was adopted by the General Assembly of the United Nations on 17th December, 1979. The Convention was adopted in the background of Iranian hostage crisis and aimed at fighting international terrorism.

The Convention entered into force on 3rd June, 1983. As per the Convention, if any person seizes or detains and threatens to kill, to injure or to continue to detain another person in order to compel a third party, namely, a State, an International inter-governmental organisation, a natural or juridical person or a group of persons to do or abstain from doing any act as an explicit or implicit condition for the release of the hostages, it will constitute the offence of hostage taking. India acceded to the Convention with effect from 7th September, 1994.

At present, the offence of hostage taking is not defined in the Indian law. However, vide Criminal Law (Amendment) Act, 1993, Section 364A was added to the Indian Penal Code to make kidnapping for ransom, etc. An offence punishable with death or imprisonment for life and also fine. This provision read with other provisions of the Indian Penal Code on abetment and attempt, would already cover hostage taking, as defined in the Convention to the extent that this Act is confined to the territory of India. Section 364A IPC does not take care of situations where the offence is committed with a view to compelling foreign States or international inter-governmental organisation to do or abstain from doing any act or to pay a ransom.

Hence, the Indian Penal Code (Amendment) Bill, 1994 seeks to amend the said section 364A on kidnapping for ransom, etc. to make it clear that kidnapping a person to compel the Government or any foreign State or international inter-governmental organization or any other person is punishable under that section.”

It is evident from the above that Section 364A came on the statute book initially in the year 1993 not only because kidnapping and abduction for ransom were becoming rampant and the Law Commission had recommended that a separate provision making the same punishable be incorporated but also because activities of terrorist organisations had acquired menacing dimensions that called for an effective legal framework to prevent such ransom situations and punish those responsible for the same. It is also manifest that the further amendment to Section 364A in the year 1994 simply added the expressions “foreign state or international inter-governmental organisation” to the provision without deleting the pre-existing expression “any other person”.

A conspectus of the above leaves no manner of doubt that the expression “any other person” appearing in Section 364A right from the time of its initial incorporation in the Code was meant to apply the provisions not only to situations where the Government was asked to pay ransom or to do any other act but even to situations where any other person which would include a private person also was asked to pay ransom. The subsequent amendment in the year 1994 also did not remove the expression “any other person” in Section 364A while adding the expression “foreign State or international inter Government organisation” to the provision as it originally existed.

The Supreme court in Vikram Singh Vicky v. Union of India (2015), said that,

“There is nothing in the provision to suggest that the same is attracted only in ransom situations arising in acts of terrorism directed against the Government or any foreign state or international inter- governmental organization. The language employed in the provision is, in our view, wide enough to cover even cases where the demand for ransom is made not as a part of any terrorist act but also for monetary gain from a private individual.