Kidnapping has been a complex and serious issue that is influenced by several factors, such as political instability, economic conditions, social unrest and law enforcement efforts. Kidnapping might happen on everyone regardless the age and location. It is not only an serious issue among children but also adult groups. However, we have to look deeply into this issue to investigate the root of kidnapping. Understanding of kidnapping is essential to gain access to a fundamental personal protection.
(Kidnapping Act 1961)
S. 3(1) Whoever, with intent to hold any person for ransom, abducts or wrongfully confines or wrongfully restrains such person shall be guilty of an offence and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping.
(Penal Code)
Punishment for Kidnapping:-
S.363 : Whoever kidnaps any person from Malaysia or from lawful guardianship, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Why does kidnapping take place? What are the punishments for different situations?
Law of Malaysia Act 574 Penal Code
- Murder:-
S. 364 : Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death or imprisonment for a term which may extend to * thirty years and shall, if he is not sentenced to death, also be liable to whipping. - Intent to secretly or wrongfully confine a person:-
S. 365 : Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. - Compelling marriage:-
S. 366 : Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or to a life of prostitution, or knowing it to be likely that she will be forced or seduced to illicit intercourse, or to a life of prostitution, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. - Subjecting a person to grievous hurt, slavery, etc:–
S. 367 : Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. - Kidnapping children under ten years with intent to steal movable property from the person of such child:-
S. 369 : Whoever kidnaps or abducts any child under the age of ten years, with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Lately kidnapping case in Malaysia on the date of 20 December 2023:-
The main suspect in the kidnapping of a Chinese national’s seven-year-old son here on December 12 has been charged under Section 363 of the Penal Code. The Chinese national, who has a Permanent Resident (PR) status in Singapore, was seriously injured while rescuing his son from a group of men who had sped off with him in a car at about 4.30pm. Johor Bahru Selatan district police chief ACP Raub Selamat said police arrested the main suspect, who is a 41-year-old man, in front of the Taman Pelangi police station on the same day. “The main suspect is the business partner of the boy’s father, who is also 41 years old. The suspect planned the kidnapping with three accomplices for a RM300,000 ransom. “However, no ransom was paid,” he said in a statement today. Raub said the main suspect, who is a car mechanic, was charged with kidnapping under Section 363 of the Penal Code at the Magistrate’s Court here yesterday. He added that police are on the hunt for three local men in their 30s, who are believed to be the accomplices. Earlier, it was reported that a kidnapping had been foiled by a Singaporean PR who claimed he sustained serious injuries as well as losing several teeth while saving his seven-year-old son from being abducted in the city.
Conclusion:
A great awareness regarding to the kidnapping issue would be really helpful to minimise the risk of kidnapping. “Prevention is better than cure”, every party, especially the government and parents, should put more attention on such issue. Kidnapping is less likely to occur within a country with solid economy and politic. And also, parents should be alert on educating their children about the dangers of kidnapping and always be a good role model. Seeking helps from public authorities or friends would be a legal and wise choice.
