Section 364A, Indian Penal Code II

Court, notably in Anil v. Administration of Daman & Diu, (2006) 13 SCC 36; Vishwanath Gupta v. State of Uttaranchal, (2007) 11 SCC 633 and Vikram Singh v. Union of India, (2015) 9 SCC 502, has clarified essential ingredients to order a conviction for commission of an offence under Section 364A.

Most recently, Court in Sk. Ahmed v. State of Telangana, (2021) 9 SCC 59 clarified, Malleshi v. State of Karnataka, (2004) 8 SCC 95 was merely concerned with ransom and its ratio would be of no assistance to cases where fulfilment of other ingredients of Section 364A is brought into question.

We set aside conviction under Section 364A.

Hon’ble Justice B.V. NagarathnaRavi Dhingra v. State of Haryana, [Criminal Appeal No. 987 of 2009].