Kidnapping and extortion

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Kidnapping and extortion

• S.P. Rajendra Man Shrestha
• CID,Police Headquarters
• Special Crime Squad

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Kidnapping

• Kidnapping, a word derived from kid, meaning
  child and nap (nab) meaning snatch, recorded
  since 1673, was originally used as a term for the
  practice of stealing children for use as servants
  or laborers in the American colonies.1
• This is a common law offense requiring
• that one person takes and carries another away
  by force or fraud without the consent of the
  person taken and without lawful excuse.

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1) Definitions

• According to Indian Panel code-
• KIDNAPPING(Section -360)
• Whoever convey any person beyond the limits of
  India without the consent of the person, or of
  some person legally authorized to consent on
  behalf of that person is said to kidnap that
  person from India.
• KIDNAPPING(Section -361)
• Whoever takes or entices any minor(under 16 years
  of age if male and under 18 years of female) or
  any person of unsound mind, out of the keeping of
  the lawful guardian of such minor or person of
  unsound mind, without the consent of such
  guardian, is said to kidnap such minor or person
  from lawful guardianship.

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1) Definitions.contd

• ABDUCTION(Section -362)
• Whoever by force compels, or by any deceitful
  means induces, any person to go from any place,
  is said to abduct that person.
• EXTORTION(Section -383)
• Whoever internationally puts any person in fear
  of any injury to that person, or to any other and
  thereby dishonestly induces the person so to put
  in fear to deliver to any property or valuable
  security, or anything signed or sealed which may
  be converted in to a valuable security, commits
  extortion

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2)Kidnapping versus abduction

• In the terminology of the common law in many
  jurisdictions (according to Black's Law
  Dictionary), the crime of kidnapping is labeled
  abduction when the victim is a woman. In modern
  usage, kidnapping or abduction of a child is
  often called child stealing, particularly when
  done not to collect a ransom, but rather with the
  intention of keeping the child permanently (often
  in a case where the child's parents are divorced
  or legally separated, whereupon the parent who
  does not have legal custody will commit the act
  then also known as "child napping"). The word
  "kidnapping" was originally "kid nabbing", in
  other words slang for "child stealing", but is no
  longer restricted to the case of a child victim.
• Child abduction can refer to children being taken
  away without their parents' consent, but with the
  child's consent. In England and Wales it is child
  abduction to take away a child under the age of
  16 without parental consent.

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3)Specific aims and objectives Of police

• Kidnap is a potentially life-threatening
  situation and some forms of product contamination
  may also involve a threat to life. With this in
  mind the primary objectives of the police
  response or investigation of these types of
  offence are
• The preservation of the life of the hostage and
  their prompt and safe return.
• The protection of the victim and / or the courier
• The protection of the general public
• The secondary and subordinate objectives are
• Intelligence gathering and obtaining the best
  evidence available to support a prosecution
• The arrest of those criminally involved
• The recovery of any ransom that may have been
  commandeered

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4)Glossary of terms

• Hostage The individual who has been kidnapped.
• Victim The person / company / organization to
  whom the unwarranted demand or threat is directed
  or intended, or is expected by the offenders to
  respond.
• Victim Communicator - This is defined as the
  person nominated by the victim to carry out the
  negotiations with the hostage takers on behalf of
  the victim.
• Offender(s) A culprit where there is sufficient
  evidence to link them to an offence.
• Courier The person(s) delivering the ransom or
  other negotiable item, which is, or claims to be,
  that being demanded by the offenders.

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5)Ten conditions, of Kidnapping in IPC

• India has comprehensive legislation to counter
  kidnapping, with the Indian Penal Code outlining
  10 specific offences related to the purpose of
  the kidnapping. These are-
• kidnapping a minor for purposes of begging
• kidnapping in order to murder
• kidnapping for ransom
• kidnapping with the intent to secretly and
  wrongfully confine a person
• kidnapping a woman to compel her into marriage
• procuration of a minor girl
• the importation of a girl from a foreign country
• kidnapping in order to subject a person to
  grievous harm,
• including slavery
• 9. kidnapping a child under 10 years old
• 10. stealing or buying a minor for the purpose
  of prostitution.

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6)Why Kidnapping?

• Easy to commit
• More gain, low risk
• No specific law
• Post arm conflict condition

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7)Criminal involved in kidnapping

• Persons related to armed force
• Sports man(Marshal art)
• Between 18-30 age group
• Mixed casts and religion

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8)M.O. Of Offenders

• Made Hostage during day/Released during night
• Middle Class Businessman/Indian Targeted
• High Demand of Ransom/4-10 lakh expected
• Hostages telephone used as mode of communication
• 6-7 offenders used
• Small Arms used

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9)Investigation of Kidnapping

• Normal chain of Investigation-
• FIR
• Confirmation of FIR
• Crime Scene Investigation
• Documentation
• Collection of physical evidences
• Interviewing of witness/victims etc.
• Arrest
• Interview of suspect and documentation
• Lab. Examination of physical evidences
• Conclusion, all the report and documents
• Producing to the authorized court, through public
  prosecutor

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9)Investigation..Contd.

• Investigation chain of kidnapping cases-
• (Before hostage release)
• FIR(Rare)
• Confirmation of FIR (If reported)
• Primary Crime Scene Investigation
• Collection of physical evidences (Rare chances to
  get evidences)
• Secondary crime scene (Usually unknown)
• Interview of victims relation and contacts
• Analysis of MO,Records of suspects
• CDR Analysis
• Joint negotiation(victims relative and police)
• Telephone interception/tapping(we dont have)
• Arrest

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9)Investigation..Contd.

• Investigation chain of kidnapping cases-
• (After hostage release)
• Interview, Hostage/ victim(less possibility)
• Taking more information from Hostage/
  victim(reg. suspects look,behaviour,place,MO,etc.
  )
• Arrest
• Collection of Physical evidences
• Interview of suspect and documentation
• Lab. Examination / Identification
• Conclusion, all the report and documents
• Producing to the authorized court, through public
  prosecutor

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10)Problems in Investigation

• Most complicated/risky crime
• Organized crime
• Less chances of getting physical evidences
• Multiple crime scenes
• Maximum use of telephones/Email
• Less support from victims
• Less support from released hostage
• Less co-operation from other related agencies
• Lack of Technical supports(i.e. telephone
  interception,tapping,bugging etc.)
• No specific law
• Hasty negotiation from victim side

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11)Condition and scenario of the cases in Nepal

• Crime prone districts-
• Kathmandu valley
• Siraha
• Parsa
• Dhanusha
• Bara
• Sarlahi
• Morang

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11)Condition and contd.

• Cases reported to police-2063/64
• Kathmandu valley-------2
• Siraha----------------------3
• Parsa-----------------------3
• Dhanusha-----------------18
• Bara------------------------2
• Sarlahi---------------------1
• Morang--------------------0
• BUT..This figure is much much higher(than
  reported) in all districts, specially in
  Kathmandu valley,Bara,Parsa and Morang.
• Most of reported cases are under investigation
  and registered in Human Trafficking(Ji.Ma.Be.)
  title.

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12)Purpose of Kidnapping

• Ransom
• Revenge
• Murder
• Bargain/Blackmail
• Political Issues
• Show popularity/supremacy
• To get confidential information
• Others

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13)Target Group

• Businessman
• Children
• Indian student/Businessman

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14)Prevention is the most decisive factor in
combating the risk of kidnap and could include

• Avoid routine activities
• Manage Counter surveillance
• Children need to be taught to be cautious and to
  be a little suspicious of strangers
• Never discuss important and confidential things
  in front of office staffs, any servants, maids,
  etc
• Any threatening phone calls or letters should be
  reported to the police
• Employment of Close Protection Transmitters
• Keep a low profile and don't let newspapers,
  magazines, or TV crews get pictures of you or
  family members (such pictures make it easy for
  would-be kidnappers to identify you).

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Extortion
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A) Definition

• EXTORTION(IPCSection-383)
• Whoever internationally puts any person in fear
  of any injury to that person, or to any other and
  thereby dishonestly induces the person so to put
  in fear to deliver to any property or valuable
  security, or anything signed or sealed which may
  be converted in to a valuable security, commits
  extortion

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B)Target group

• Reputed doctors
• Owner of big business houses
• Other high class citizen
• Members of Manpower Association

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C)M.O. Of offenders

• Identify lucrative target
• Collect the more information about target
• Observe the activities
• Make threat calls from outside Nepal
• Use of net phones(Use of VOIP system)
• Collect ransom through HUNDI

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D)Some Examples of investigated cases

• Shahakul Shah case
• Milan Lama case
• Rohit/Anup case
• Other

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Any Quires ???
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Thank You !!!