Ingredients of offences under Ss. 364 and 364-A and distinction between them, clarified. Section 364. Kidnapping or abducting in order to murder. 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, Section 364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom. Section 364A also covers cases where demand of ransom made is not a part of a terrorist act but for monetary gains for a private individual. The necessary ingredients which must be proved before Court, beyond a reasonable doubt, are not only an act of kidnapping or abduction but thereafter a demand of ransom. Held, The prosecution has miserably failed to establish a demand of ransom. Proof of kidnapping for ransom – Punishable with death or imprisonment for life and as such has a higher evidentiary threshold – held, conviction under Section 364A ought to be altered in exercise of power under Section 216 of Code of Criminal Procedure into the lesser offence under Section 363

[Ravi Dhingra v. State of Haryana, (2023) 6 SCC 76]

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