Kidnapping and abduction are not new in Nepal. People are frequently imprisoned on bogus charges. In this post, we will define kidnapping and falsehoods.
I’ll tell you how to prevent a kidnapping case here.
Kidnapping and abduction are always carried out with the intention of achieving a certain goal.
It is an organised crime that is considered seriously not only in national but also international criminal law, and several international Treaties and Agreements have been established to prevent such crime. In order to arrest or punish such perpetrators, a red corner alert is sent through Interpol.
Kidnapping and abduction are two distinct sorts of crimes. Kidnapping has a greater reach yet is less serious than abduction. Both crimes are motivated by political and economic interests.
Kidnapping and abduction are always carried out with the intention of achieving a certain goal. Its scope and gravity have grown to the point where it is now regarded as one of the world’s most heinous crimes.
This crime contributes significantly to the growth of terrorism. Its various event examples can be found both domestically and globally. Its rules are included in Chapters 16 and 17 of the Criminal Code of 2074, which address enforced disappearance, kidnapping, and hostage taking.
Definition of kidnapping and abduction
International law lacks a clear concept of kidnapping and abduction. Rather it’s included What forms of acts and their attributes.
Nepal’s criminal code specifies kidnapping and abduction, but does not specify the features of the crimes or the types of works involved. So that is why the definitions are based on the nature of the crime.
Section 206(2) of the Criminal Code of 2074 defines charges related to forcible disappearance in Chapter 16. (a) The arrest, detention, or any other form of control of a person by a person or security personnel with the legal authority to
If an arrest, investigation, or enforcement of law is followed by failure to produce a person within 24 hours of arrest or deprivation of liberty (excluding travel time), refusal to allow the person to meet, or concealment of information about where, how, and in what condition the person is being held, or abduction, custody, control, or any other form of deprivation,
Section 211(2) of the Criminal Code, 2074, defines kidnapping as taking someone to a location using force, fraud, deception, intimidation, or misrepresentation. It also includes seizing or controlling a vehicle.
Forcefully transporting individuals without their consent, including children, those in need of shelter due to physical incapacity, and those suffering from mental illness, without the consent of their parents or guardians, or through misrepresentation.
Classification of Kidnapping and Abduction
Kidnapping is classified into many sorts based on the motives behind it. Most of these crimes are motivated by political and economic interests.
Kidnapping crimes are classified into two kinds.
Kidnappings can be driven by economic or political interests.
Legal provisions for kidnapping and abduction
International criminal law establishes extra-territorial jurisdiction for kidnapping and abduction crimes. Because it is an organised crime, it must be incorporated in legislation in order to be controlled, and our criminal law includes extraterritorial jurisdiction to achieve the goals of international criminal law.
Locus standi
According to the 2017 Criminal Procedure Code, the Nepal Government has the right to file, defend, appeal, and seek judicial review.
Limitation
Section 199 of the Criminal Code of 2074 addresses offences related to enforced disappearances. No complaint will be entertained subsequently.
The statute of limitations for committing an offence under this Chapter is six months from the date of knowledge or public disclosure of the disappearance of the individual. Provided that a complaint, backed by proof and filed with the court’s permission, stating the cause for not being able to file the complaint, may be filed at any time.
How to defend against fraudulent kidnapping and abduction cases
- In many false kidnapping and abduction instances, the person’s hatred is hidden.
- A person’s purpose is to harm others.
- In most transactions, when a person approaches to ask for money, he adds, “I’ll accompany you, and I was kidnapped by calling the police.” There are numerous incidents of complaints.
- Someone like that, my son and daughter for two days.
After granting permission to keep it, they accuse the same individual of kidnapping.
Statement in the police
If someone falsely accuses you, you should explain your behaviour. The cops will assist you. All officers at all police stations.
This does not imply that your statement will be understood correctly.
Where the police obtain a confession or attempt to correct you by preparing a statement admitting to the crime.
You are in the police.If you choose to do this, please note that I will only fix it in the government attorney’s office. The police report should not be amended.
How to prevent kidnapping
- Show your evidence.
- Kidnapping involves not only the use of force, but also the bending of you from one location to another.
- The basic purpose of abduction is to transport you from one location to another and demand a ransom payment.
- The evidence should include how he was moved from one location to another, whether he was seized by force or deception, as well as call details and texts from the phone.
- If you have been wrongly accused of kidnapping, you must offer evidence that you are innocent.
- Provide the correct statement of District Court.
- If the police framed you for false accusations, you can acquit yourself in court.
- Following the investigation, you will be imprisoned for at least 25 days before being presented in court.
- They take your statement in court and offer you time to provide evidence.
- You must provide proof of opium’s innocence.
Select the right counsel
If the police have falsely accused you, you should follow the law.
If you hire our Prime legal consultant, we will assist you in getting rid of bogus allegations. We work with some of Nepal’s best lawyers.
Should you have any questions, please do not hesitate to contact us.
