How to defend against false kidnapping and abduction claims.

Introduction

Kidnapping and abduction are not uncommon in Nepal. People are routinely imprisoned for false charges. In this post, we’ll discuss kidnapping and deception.

I’ll explain how to avoid a kidnapping case here.
Kidnapping and abduction are always carried out with the desire to achieve a specific goal.

It is an organised crime that is taken seriously not only in national but also international criminal law, and various international Treaties and Agreements have been enacted to combat it. Interpol issues a red corner notice to arrest or punish such perpetrators.

Kidnapping and abduction are distinct types of crimes. Kidnapping has a larger reach yet is less dangerous than abduction.

Both crimes are driven by political and financial reasons. Kidnapping and abduction are always carried out with the desire to achieve a specific goal. Its extent and gravity have widened to the point where it is now considered one of the world’s most terrible crimes.

This crime contributes greatly to the spread of terrorism. Its diverse event examples can be found both locally and internationally. Its regulations are outlined in Chapters 16 and 17 of the Criminal Code of 2074, which address enforced disappearance, kidnapping, and hostage taking.

Definition of Kidnapping and Abduction

Kidnapping and abduction are not defined clearly in international law. Rather, it includes what kind of acts and their characteristics.

Nepal’s criminal code defines kidnapping and abduction, however it does not identify the characteristics of the crimes or the sorts of employment involved. So, the definitions are based on the nature of the crime.

Section 206(2) of the Criminal Code of 2074 outlines crimes relating to forcible disappearance in Chapter 16. (a) Arresting, detaining, or controlling a person by authorised personnel. (b) Failing to provide a person within 24 hours of arrest or deprivation.

According to Section 211(2) of the Criminal Code, 2074, kidnapping is defined as the use of force, fraud, deception, intimidation, or misrepresentation to take someone to a location. It also includes grabbing and controlling a vehicle.

Forcefully transferring people without their consent, including children, those in need of refuge due to physical disability, and those suffering from mental illness, without the permission of their parents or guardians, or by misrepresentation.

Classification of kidnapping and abduction

• Kidnapping is classed into various types based on the motivation behind it. The majority of these crimes are driven by political and economic goals.
• Kidnapping offences are grouped into two categories.
  Kidnappings might be motivated by economic or political reasons.

Legal provisions regarding kidnapping and abduction

Kidnapping and abduction crimes are subject to extraterritorial jurisdiction under international criminal law. Because it is an organised crime, it must be included into legislation in order to be controlled, and our criminal law incorporates extraterritorial jurisdiction to meet the aims of international criminal law.

Locus standi

According to the 2017 Criminal Procedure Code, the Nepali government has the authority to file, defend, appeal, and seek court review.

How to defend against false kidnappings and abductions

• In false kidnapping and abduction cases, the perpetrator’s animosity is veiled.
• A person’s intent is to damage others.
• When a person approaches to seek for money, they usually say, “I’ll accompany you, and I was kidnapped by calling the police.” There are several instances of complaints.
• They stayed with my son and daughter for two days.
• After giving permission to keep it, they accuse the same person of kidnapping.

Statement to the Police

• If someone falsely accuses you, clarify your actions. The police will assist you. All cops at every police station.
• This does not mean that your statement will be understood correctly.
• The police acquire a confession or seek to correct you by creating a statement in which you admit to the crime.
• You are a member of the police.If you decide to do this, please keep in mind that I will only be able to rectify it at the government attorney’s office. The police report should not be modified.

How to prevent kidnapping?

• Provide evidence.
• Kidnapping requires both physical force and bending from one spot to another.
• Abduction is mostly used to transport individuals and demand a ransom payment.
• The evidence should include how he was taken from one area to another, whether he/she was apprehended by force or trickery, as well as call and text records from his phone.
• If wrongfully accused of kidnapping, provide proof to prove your innocence.
• Provide accurate statements before the district court .If the police framed you for false accusations, you can defend yourself in court.
• After the investigation, you will be imprisoned for at least 25 days before appearing in court.
• They take your statement in court and allow you to give evidence.
• Provide proof of opium’s innocence.

Select the appropriate attorney.

• If the police wrongfully accused you, you must obey the law.
• If you engage our Corporate Lawyer, Nepal Lawyers. We will aid you in getting rid of false allegations. We deal with some of Nepal’s top lawyers.

Should you have any questions, please do not hesitate to contact us at +977-9745374671 or email :info@corporatelawyernepal.com