Suppose a crimp compels by force,-or induces by deception, or concealment, as to their place of destination, their future treatment, &c.,-a number of coolies to leave their homes for some port of embarkation in British India: or suppose a friendless and deserted child is taken and detained by a stranger with some evil intention :-whatever circumstances of aggravation might attend either of these cases, the definition of kidnapping would not include them.

Punishment for kidnapping.

363. Whoever kidnaps any person from British India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to

fine.

order to murder.

364. Whoever kidnaps or abducts any person in Kidnapping or abducting 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 with transportation for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Illustrations.

(a) A kidnaps Z from British India, intending or knowing it to be likely that Z may be sacrificed to an Idol. A has committed the offence defined in this Section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this Section.

Because the kidnapping or abduction is with the intention to murder, a punishment of corresponding severity is annexed. The second Illustration is of a case of abduction in order to murder.

365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished

Kidnapping or abducting with intent secretly and wrongfully to confine a person.

with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine.

An enhanced punishment is provided for kidnapping or abduction, when the intention is to commit the offence which is made punishable by Section 346, that is, wrongful confinement in secret.

&c.

366. Whoever kidnaps or abducts any woman with intent that she may be Kidnapping or abducting a woman to compel her marriage, compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The will of the woman may ultimately be gained over, but this will not affect the offence, when the kidnapping or abduction is with the knowledge or intention which the Section mentions. Whoever kidnaps or abducts any woman (see Section 10) having himself such criminal intention or with a purpose or knowledge that she may be forced to marry, or forced or seduced to illicit sexual intercourse, commits the offence here made punishable.

367. Whoever kidnaps or abducts any person in order that such person may be

Kidnapping or abducting in

grievous hurt, slavery, &c.

order to subject a person to subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

The kidnapping or abduction of any person whether male or female is punishable, see Sections 370, 377.

368. Whoever, knowing that any person has been Concealing or keeping in con- kidnapped or has been abductfinement a kidnapped person. ed, wrongfully conceals or confines such person, shall be punished in the same manner as if the offender had kidnapped or abducted such person with the same intention or knowledge or for the same purpose as that with or for which he conceals or detains such person in confinement.

To constitute the offence, the concealment or confinement must be by a person who knows of the kidnapping or abduction, and must also be wrongful. A concealment of one who has escaped from slavery or who endeavours to avoid his kidnappers who are in pursuit of him is not an offence.

This mode of abetment by aid is punishable in the same manner as the substantive offence which is abetted.

369. Whoever kidnaps or abducts any child under Kidnapping or abducting a the age of ten years with the child under ten years with intent intention of taking dishonestly to take property from the person of such child. any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.

Such offences as the enticing away of children with no intention of taking them from their parents, but for the purpose of stealing ornaments from their persons, are punishable by this Section. The consent of the child is immaterial.

370. Whoever imports, exports, removes, buys, sells, or disposes of, any person Buying or disposing of any person as a slave. as a slave, or accepts, receives, or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

The sale of a person for the purpose of being dealt with as a slave is not directly prohibited by Act V. of 1843 (for declaring and amending the law regarding the condition of

slavery within the Territories of the East India Company). But as by that Act no person so sold can be dealt with as a slave against his will and no rights arising out of an alleged property in his person and services can be enforced by any Court, the Act contains a virtual prohibition which may be effectual as regards adults who can avail themselves of the protection of the law.

By the present Section the sale or disposal of any person "as a slave," that is, on the pretext of his being in a condition of slavery, is made punishable as an offence.

The Clause extends not only to those immediately concerned in the contract of sale or disposal, but extends to those who aid them by knowingly conveying or removing the person who is the subject of the bargain, or by knowingly receiving or detaining such person as a slave.

The Section is general and prohibits the traffic in all human beings, whether children of tender years or adults. It frequently happens that persons in time of famine, or when reduced to extreme destitution from other causes, dispose of their children in exchange for grain or money in order to save themselves as well as the children from starvation. It is said that the Hindoo law empowers parents (but no other persons,) to sell or barter their offspring under such circumstances; and it is certain that, in seasons of calamity, the practice of purchasing and selling children saves a great number from starvation. At other times parents dispose of their young children to dancing girls, or to people of certain castes who either purchase or receive them in gift to bring them up to their trade or calling.

The Section does not extend to the punishment of parents for the mere sale or disposal of their children. The offence which this Section prohibits is the sale or disposal of a child or other person "as a slave." There may be lawful contracts for the transfer of a child by its parents either for a time or permanently to another person; as in the case of a child whose parents permit it to be adopted by others, or in the case of a child who is

apprenticed or put out for a time to learn a lawful trade or calling, &c. These, it is needless to say, are not offences against this or any other Section of the Code. But care should be taken that the law is not eluded by some device or pretence of a contract. When the substance of the transaction is an attempt to give a property in the person and services of a human being, that person is disposed of "as a slave" within the meaning of this Section, whatever form the parties to the transaction, may attempt to give it.

Any person being a subject of the Queen, who commits within the territories of any Native Prince this offence of selling or disposing of as a slave any fellow-subject, may be punished under this Clause.

Habitual dealing in slaves.

371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with transportation for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

This Section is for the punishment of the slave-trader, who is habitually engaged in the traffic of buying and selling human beings. The Section extends to masters of vessels and other persons who habitually aid this traffic by importing, exporting, or removing the subjects of it.

See the note to the preceding Section.

372. Whoever sells, lets to hire, or otherwise disSelling or letting to hire a poses of any minor under the minor for purposes of pros- age of sixteen years with intent titution, &c. that such minor shall be em

ployed or used for the purpose of prostitution or for any unlawful and immoral purpose, or knowing it to be likely that such minor will be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.