Answer the question based on the Legal Principle and Factual Situation stated in it. LEGAL PRINCIPLE: Whoever kidnaps or abducts any person in order that such person may be murdered or may be so…
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Answer the question based on the Legal Principle and Factual Situation stated in it.
LEGAL PRINCIPLE: 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.
FACTUAL SITUATION: A kidnaps K intending and knowing it to be likely that K may be sacrificed to an idol so that his wife will be cured from the three months long fever. Police arrested A. A defends himself that his intention is not to murder K. Decide.
FACTUAL SITUATION: A kidnaps K intending and knowing it to be likely that K may be sacrificed to an idol so that his wife will be cured from the three months long fever. Police arrested A. A defends himself that his intention is not to murder K. Decide.
- A is not liable because he has not kidnapped for murder
- A is not liable for intention to murder rather than liable for kidnapping
- A is liable for kidnapping and abduction
- A is liable for both kidnapping and abducting in order to murder
Answer and explanation
Correct answer: D - A is liable for both kidnapping and abducting in order to murder
A kidnapped K so that K would be sacrificed (killed) to an idol, so the kidnapping was done so that K might be murdered or put in danger of being murdered. That is the offence in the principle (s.140(1) BNS, formerly s.364 IPC), whatever A's motive, so A is liable for kidnapping/abducting in order to murder.
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