Chapter 10:05 - Kidnapping

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/473-chapter-1005-kidnapping/file

L.R.O. 1/2012
LAWS OF GUYANA
KIDNAPPING ACT
CHAPTER 10:05
Act
6 of 2003
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 7 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 10:05
KIDNAPPING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Abduction.
4. Punishment for abduction with intent secretly or wrongfully to
confine a person.
5. Wrongful restraint.
6. Punishment for wrongful restraint.
7. Wrongful confinement.
8. Punishment for wrongful confinement.
9. Abduction, wrongful restraint or wrongful confinement for ransom.
10. Knowingly receiving ransom.
10A. Knowingly negotiating to obtain or for payment of ransom.
11. Duty to give information to the police.
12. Evidence of accomplice.
13. Evidence of pecuniary resources or property.
14. Protection of informers.
15. Bail.
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6 of 2003 An Act to provide for the punishment of the offences of
abduction, wrongful restraint and confinement for
ransom and other related offences and for matters
incidental thereto.
[2ND JULY, 2003]
Short title.
Interpretation.
1. This Act may be cited as the Kidnapping Act.
2. In this Act “abduction”, “wrongful restraint” and
“wrongful confinement” shall have the meanings assigned to
them in sections 3, 5 and 7, respectively.
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Abduction.
Punishment for
abduction with
intent secretly
or wrongfully
to confine a
person.

Wrongful
restraint.
Punishment for
wrongful
restraint.

Wrongful
confinement.

Punishment for
wrongful
confinement.

Abduction,
wrongful
restraint or
wrongful
confinement for
ransom.

Knowingly
receiving
ransom.
3. Whoever by force or fear compels, or by any
deceitful means induces any person to go from any place, is
said to abduct that person.
4. Whoever abducts any person with intent to cause
that person to be secretly or wrongfully confined, shall be
guilty of an offence and shall be liable on conviction on
indictment to a seven hundred and fifty thousand dollars and
to imprisonment for five years.
5. Whoever unlawfully obstructs any person, so as to
prevent that person from proceeding in any direction in
which that person has a right to proceed, is said wrongfully to
restrain that person.
6. Whoever wrongfully restrains any person shall be
guilty of an offence and shall be liable on summary conviction
to a fine not exceeding one hundred thousand dollars.
7. Whoever wrongfully restrains any person in such a
manner as to prevent that person from proceeding beyond
certain circumscribing limits, is said wrongfully to confine
that person.
8. Whoever wrongfully confines any person shall be
guilty of an offence and shall be liable on summary conviction
to a fine not exceeding two hundred and fifty thousand
dollars.
9. Whoever, with intent to hold any person for
ransom, abducts or wrongfully restrains or wrongfully
confines that person shall be guilty of an offence and shall be
liable on conviction on indictment to a fine of ten million
dollars together with imprisonment for not less than fifteen
and not more than twenty years.
10. Whoever receives, has possession of or disposes of
any money or property or any proceeds thereof, which has at
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Knowingly
negotiating to
obtain or for
payment of
ransom.


Duty to give
information to
police.

Evidence of
accomplice.
any time been delivered as ransom in connection with any
offence punishable under section 9, knowing that the money
or other property has at any time been delivered as such
ransom, shall be guilty of an offence and shall be liable on
conviction on indictment to a fine equivalent to the ransom
delivered or to seven million dollars, whichever is greater,
together with imprisonment for a term not exceeding ten
years.
10A. (1) Whoever knowingly negotiates or assists in
any negotiation to obtain any ransom for the release of any
person who has been wrongfully confined shall be guilty of
an offence and shall be liable on conviction on indictment to a
fine of one million dollars and to imprisonment for a term not
exceeding twenty years.
(2) Subsection (1) does not apply to a person who
in good faith negotiates or assists in negotiations on behalf of
the kidnapped person.
11. (1) Notwithstanding the provisions of any written
law, any person who is aware of the commission of or the
intention of any other person to commit any offence under
this Act shall, in the absence of reasonable excuse, the burden
of proving which shall lie upon the person so aware,
forthwith given information to a police officer of such
commission or intention, as the case may be.
(2) Any person bound to give any information
under subsection (1) who fails to do so in accordance with
that subsection shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding two hundred
thousand dollars or to imprisonment for a term not exceeding
one year or to both.
12. Notwithstanding any rule of law or written law to
the contrary, no witness shall in any trial of any offence under
this Act be presumed to be unworthy of credit by reason only
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Evidence of
pecuniary
resources or
property.


Protection of
informers.
that he has paid or negotiated to pay any ransom or has
provided funds for the payment of any ransom to procure the
release of any person who has been wrongfully restrained or
wrongfully confined.
13. (1) In any trial or inquiry by a court into an offence
under this Act or into a conspiracy to commit, or attempt to
commit, or an abetment of any such offence the fact that an
accused person is in possession, for which he cannot
satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income, or that he
had, at or about the time of the alleged offence, obtained an
accretion to his pecuniary resources or property for which he
cannot satisfactorily account, may be proved and may be
taken into consideration by the court as corroborating the
testimony of any witness in the trial or inquiry that the
accused person has received a ransom for the release of a
person who has been wrongfully restrained or wrongfully
confined.
(2) An accused person shall, for the purpose of
subsection (1) be deemed to be in possession of resources or
property or to have obtained an accretion thereto where the
resources or property are held or the accretion is obtained by
any other person whom, having regard to his relationship to
the accused person or to any other circumstances, there is
reason to believe to be holding the resources or property or to
have obtained the accretion in trust for or on behalf of the
accused person or as a gift from the accused person.
14. (1) Subject to this section, no complaint as to an
offence under this Act shall be admitted in evidence in any
civil or criminal proceeding whatsoever, and no witness shall
be obliged or permitted to disclose the name or address of
any informer, or state any matter which might lead to his
discovery.
(2) If any books, documents or papers which are in
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Bail.
evidence or liable to inspection in any civil or criminal
proceeding whatsoever, contain any entry in which any
informer is named or described or which might lead to his
discovery, the court before which the proceeding is heard
shall cause all such passages to be concealed from view or to
be obliterated so far as is necessary to protect the informer
from discovery, but no further.
(3) If on a trial for any offence under this Act the
court, after full inquiry into the case, is of opinion that the
informer wilfully made in his complaint a material statement
which he knew or believed to be false or did not believe to be
true, or if in any other proceeding the court is of opinion that
justice cannot be fully done between the parties thereto
without the discovery of the informer, the court may require
the production of the original complaint, if in writing, and
permit inquiry and require full disclosure concerning the
informer.
15. Unless the contrary is proved to the satisfaction of
a court, a person charged with an offence under sections 9, 10,
or 10A shall not be granted bail pending the final
determination of any charge laid against him.
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