Kidnapping For Ransom – Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC: Supreme Court

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Case: Shaik Ahmed v State of Telangana

Coram: Justice Ashok Bhushan and R Subhash Reddy

Case No: Criminal Appeal No.533 Of 2021

Court Observation: “Thus, after establishing the first condition, one more condition has to be fulfilled since, after the first condition, the word used is “and”. Thus, in addition to the first condition either condition (ii) or (iii) has to be proved, failing which conviction under Section364A cannot be sustained”,

“Second condition is also a condition precedent, which is requisite to be satisfied to attract Section 364Aof the IPC”

“Thus, for covering an offense under Section 364A, apart from the fulfillment of the first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.”


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