Kidnapping and abduction

 

Kidnapping means taking away a person against his/her will by force, threat, or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc.

Section 359 I.P.C. of the Indian Penal Code, Kidnapping is of two types:

Kidnapping from India,

Kidnapping from lawful guardianship.

These two types are explained in Section 360 and 361, respectively.

Section 360 I.P.C. Explains kidnapping from India. According to section 360, if any person takes a person beyond the limits of India against the consent of that person or against the consent of someone who is legally entitled to give consent on that person’s behalf, then the offence of kidnapping from India is committed.

Section 361 I.P.C. Explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e., a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship.

Section 362 I.P.C. of the Indian Penal Code defines abduction. When a person compels another to go from one place, or induces some person to go from one place, then the offence of abduction is committed. Thus, Abduction is an offence in which a person is moved from one place, against his/her will by forceful compulsion or by deceitful means.

Differences between kidnapping and abduction
Kidnapping	Abduction
The offence of kidnapping is defined u/s 359-361 of IPC	Defined u/s 362 of IPC
It is committed only in respect of a minor i.e., in case of boy 16 years and in case of a girl 18 years, or a person of unsound mind.	It is committed in respect of any person of any age. There is no bar to any specific age of person.
The person kidnapped is removed from the lawful guardianship. A child without a guardianship cannot be kidnapped.	Guardianship is immaterial. It has reference exclusively to the person abducted.
In kidnapping, the minor is simply taken away.	Force, compulsion, or deceitful methods are means in abduction.
Consent of the person enticed is immaterial	Consent of the person matters i.e., if a person is removed with free consent in that case offence of abduction is said is not committed.
In Kidnapping the intent of a person is immaterial i.e., he would be liable in all the circumstances irrespective of the valid motive and good intention.	Intention is especially important to determine the offence. Hence, a person would be liable only if there is ill intention behind the act.
It is not a continuing offence. The offence is completed as soon as the minor is removed from the custody of his or her/his guardian	It is a continuing offence. The offence of abduction is in continuation with the place change of the abducted person
Kidnapping from guardianship is a substantive offence, punishable u/s 363, IPC.	The abduction is an auxiliary act, not punishable by itself, unless accompanied with intent specified u/s 364-366. Hence, a particular purpose is necessary to punish an accused.

#kidnapping #abduction #typesofkidnapping