The section is attracted where the victim is kidnapped or abducted in order to be murdered or to be so disposed of as to be put in danger of being murdered. The severe punishment prescribed and the absence of simple imprisonment shows that the offence under this section is viewed very seriously.
If a kidnapper or abductor murders the victim this section has no application and he should be convicted of murder. Similarly, where the victim dies before he is kidnapped or abducted this section is not attracted. Kidnapping or abduction for ransom to be paid by the family members of the victim with the constant threat of the victim being killed in case of non-payment is punishable under this section. In Badshah v.
State of Uttar Pradesh, there was a deep-rooted enmity between the accused persons and the abducted victim. The accused heavily armed, came onto the place of occurrence at night and while taking away the victim stated that they would kill him. The victim was not seen alive thereafter for the last twenty-seven years. The Supreme Court held that the inference of murder can be drawn even though corpus delicti was not proved. The accused were liable to be convicted under section 364 of the Code.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session.