en.wikipedia.org/wiki/Kidnapping
3 corrections found
Kidnapping with a motive of murder, hurt, slavery, or to the lust of any person shall be punished with imprisonment for life with rigorous imprisonment for a term which may extend to ten years and shall also be liable to a fine.
This sentence inaccurately merges several different Pakistan Penal Code offenses and penalties into one rule. Pakistan law sets different punishments for kidnapping related to murder, grievous hurt/slavery, or lust, and some of those offenses can carry death or longer prison terms.
Full reasoning
The quoted sentence does not match the Pakistan Penal Code.
Under the Pakistan Penal Code:
- Section 364 (kidnapping or abducting in order to murder) provides imprisonment for life or rigorous imprisonment up to 10 years, and fine.
- Section 364-A (kidnapping or abducting a person under 14 for murder, grievous hurt, slavery, or lust) provides death, imprisonment for life, or rigorous imprisonment up to 14 years, with a minimum of 7 years.
- Section 367 (kidnapping or abducting to subject a person to grievous hurt or slavery) provides imprisonment up to 10 years and fine.
- Section 367-A (kidnapping or abducting to subject a person to unnatural lust) provides death or rigorous imprisonment up to 25 years, and fine.
So the article's sentence is incorrect because it collapses multiple distinct offenses into a single penalty and wrongly states that all such cases are punished only by life imprisonment or up to 10 years. That is not what the statute says.
2 sources
- Pakistan Penal Code (Act XLV of 1860)
364. Kidnapping or abducting in order to murder ... shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years ... 364-A ... shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years ... 367 ... shall be punished with imprisonment ... which may extend to ten years ... 367-A ... shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years.
- The Pakistan Penal Code, 1860 (UNODC legal library copy)
Table of contents and text include Sections 364, 364-A, 367 and 367-A covering kidnapping or abducting in order to murder, to subject a person to grievous hurt or slavery, and to subject a person to unnatural lust, with distinct penalties for each offense.
Kidnapping that does not result in a homicide is a hybrid offence that comes with a maximum possible penalty of life imprisonment (18 months if tried summarily).
This is wrong under the current Canadian Criminal Code. Kidnapping is indictable only and punishable by life imprisonment; the summary-conviction option applies to forcible confinement, not kidnapping.
Full reasoning
Section 279 of the Canadian Criminal Code distinguishes kidnapping from forcible confinement.
- Section 279(1) defines kidnapping.
- Section 279(1.1) states that a person who commits kidnapping is guilty of an indictable offence and, in ordinary cases, is liable to imprisonment for life.
- The summary-conviction option appears in section 279(2)(b), but that subsection applies to forcible confinement, not kidnapping.
So the article's statement that kidnapping is a hybrid offence punishable by life imprisonment or 18 months on summary conviction is incorrect. It appears to confuse the punishment for forcible confinement with the separate offence of kidnapping.
1 source
- Criminal Code (Canada), section 279
279(1) Every person commits an offence who kidnaps a person ... 279(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable ... (b) in any other case, to imprisonment for life. 279(2) Every one who ... confines, imprisons or forcibly seizes another person is guilty of (a) an indictable offence ... or (b) an offence punishable on summary conviction.
Article 282 prohibits hostaging (and 'kidnapping' is a kind of 'hostaging').
This misstates the Dutch statute. Article 282 covers unlawful deprivation of liberty, while hostage-taking (gijzeling) is addressed separately in Article 282a.
Full reasoning
The article attributes hostage-taking to Article 282, but the Dutch Criminal Code treats these as separate offenses.
- Article 282 concerns "wederrechtelijke vrijheidsberoving" — unlawfully depriving someone of liberty.
- Article 282a states that someone who unlawfully deprives a person of liberty with the aim of forcing another person to do or not do something is guilty of "gijzeling" (hostage-taking).
So Article 282 does not prohibit hostage-taking as such; hostage-taking is separately defined in Article 282a. The article's sentence therefore misidentifies the relevant provision.
2 sources
- Dutch Criminal Code (Wetboek van Strafrecht), Article 282a
Artikel 282a: 'Hij die opzettelijk iemand wederrechtelijk van de vrijheid berooft ... met het oogmerk een ander te dwingen iets te doen of niet te doen wordt als schuldig aan gijzeling gestraft ...' This is the provision on gijzeling (hostage-taking).
- Dutch Criminal Code (Wetboek van Strafrecht), Article 282
Article 282's text and related snippet refer to 'wederrechtelijke vrijheidsberoving' and provide that the same punishments apply to a person who intentionally provides a place for the unlawful deprivation of liberty; it is not the gijzeling article.