The Honourable Supreme Court of India has upheld the constitutional validity of Section 364A in the Indian Penal Code. Section 364A of the Indian Penal Code prescribes death as one of the punishment for a person for kidnapping or abducting any person or keeping a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or he by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel any person, State or foreign state to do or abstain from doing any act or to pay a ransom.
|Supreme Court of India upheld Constitutional validity of Section 364A IPC|
This provision was earlier challenged as 'ultra vires' in the case Vikram Singh @ Vicky and another versus Union of India and others in Criminal Appeal Number 824/2013 in the Criminal Appellate Jurisdiction of the honourable Supreme Court of India. In that case the appellants/accused persons were sentenced to death by hanging for the offences punishable under Section 302(Murder) and Section 364A of the Indian Penal Code. Before reaching the apex court of India, the accused were found guilty and punished with death penalty by the trial court and upheld by the High Court. Lawyers appearing for the accused persons argued that the section 364A brought to the law book by the amendment in the year 1993 prescribing death penalty for mere kidnapping/abduction and asking for ransom is violative of Article 14 and 21 of the Constitution of India. The bench referred the matter to be decided by a larger bench for its constitutional validity which has now upheld the same.