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Kidnapping and extortion

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					Kidnapping and extortion


         S.P. Rajendra Man Shrestha
           CID,Police Headquarters
             Special Crime Squad
                     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.
               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.
           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”
         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.
          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
         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.
     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-
1. kidnapping a minor for purposes of begging;
2. kidnapping in order to murder;
3. kidnapping for ransom;
4. kidnapping with the intent to secretly and wrongfully confine a
    person;
5. kidnapping a woman to compel her into marriage;
6. procuration of a minor girl;
7. the importation of a girl from a foreign country;
8. 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.
      6)Why Kidnapping?
Easy to commit
More gain, low risk
No specific law
Post arm conflict condition
    7)Criminal involved in
         kidnapping
Persons related to armed force
Sports man(Marshal art)
Between 18-30 age group
Mixed casts and religion
     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
Hostage’s telephone used as mode of
communication
6-7 offenders used
Small Arms used
    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
         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 victim’s relation and contacts
•Analysis of MO,Records of suspects
•CDR Analysis
•Joint negotiation(victim’s relative and police)
•Telephone interception/tapping(we don’t have)
•Arrest
        9)Investigation…..Contd.
Investigation chain of kidnapping cases:-
(After hostage release)
•Interview, Hostage/ victim(less possibility)
•Taking more information from Hostage/ victim(reg.
suspect’s 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
        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
11)Condition and scenario
  of the cases in Nepal
Crime prone districts:-
Kathmandu valley
Siraha
Parsa
Dhanusha
Bara
Sarlahi
Morang
      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.
12)Purpose of Kidnapping
    o Ransom
    o Revenge
    o Murder
    o Bargain/Blackmail
    o Political Issues
    o Show popularity/supremacy
    o To get confidential information
    o Others
13)Target Group
Businessman
Children
Indian student/Businessman
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).
Extortion
               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”
            B)Target group

Reputed doctors
Owner of big business houses
Other high class citizen
Members of Manpower Association
         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
D)Some Examples of investigated cases

 1.   Shahakul Shah case
 2.   Milan Lama case
 3.   Rohit/Anup case
 4.   Other
Any Quires ???
Thank You !!!

				
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posted:10/16/2011
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