Willian Stephen vs State Of Tamil Nadu 2024 INSC 146 – S 364A IPC – S 65B Evidence Act

Indian Penal Code, 1860; Section 364A – The first ingredient of Section 364A is that there should be a kidnapping or abduction of any person or a person should be kept in detention after such kidnapping or abduction. If the said act is coupled with a threat to cause death or hurt to such person, an offence under Section 364A is attracted. If the first act of kidnapping or abduction of a person or keeping him in detention after such kidnapping is coupled with such conduct of the person kidnapping which gives rise to a reasonable apprehension that the kidnapped or abducted person may be put to death or hurt, still Section 364A will be attracted – In a given case, if the threats given to the parents or the close relatives of the kidnapped person by the accused are established, then a case can be made out that there was a reasonable apprehension that the person kidnapped may be put to death or hurt may be caused to him. (Para 10-15)

Indian Evidence Act, 1872; Section 65B– State Government must ensure that the Police Officers are imparted proper training on procedure to be followed for obtaining a certificate under Section 65B of the Evidence Act. (Para 17)

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