This article has been written by Ms, Riddhi khanna , a 1st year BA LLB student from new law college ,Bhartiye Vidya Peeth New Law College; Pune.

The author through this article brings out the difference between kidnapping and abduction under the Indian Penal Code.

 

INTRODUCTION

It is a common misconception for people to use the terms “kidnapping” and “abduction” interchangeably. However, this is not accurate as these two words have separate meanings and represent distinct criminal acts. While all kidnappings involve an abduction, not all abductions result in a kidnapping.

It is important to understand the differences between these two terms. Therefore, it is essential to use these terms correctly and not to mix them up.

Distinction between the two is important in the legal system as the penalties for each crime vary depending on the severity and intention of the offender.

 

Kidnapping and Abduction are the crime under Indian Penal Code,1860. It talks about the forcefully taking of the person or a child (from guardianship) with or without the consent for that matter. Both the offences are given under Chapter 26 – Offences affecting the Human Body, particularly from section 359 to 366 of Indian Penal code.

 

Let us delve into the dissimilarities that set Kidnapping apart from Abduction and make it a unique criminal offense.

 

KIDNAPPING

Definition

1. Kidnapping is defined under Section 359 as the act of taking or enticing away a person with the intent to cause them harm, or to hold them for ransom, or to commit a crime, or to secretly and wrongfully confine them.

 

Provisions

1. The provisions related to Kidnapping are laid down under Section 359 to Section 362 and Section 363A-Section 369 of the Indian Penal Code,1860.

 

Force

1. The offender uses force or deceit to abduct the victim and holds them against their will.

 

Intention

1. Involves the act of taking or enticing away a person with the intent to cause harm, hold them for ransom, commit a crime, or secretly and wrongfully confine them.
   

Consent

1. Consent of the person kidnapped is immaterial.

 

Age of aggreived person

1. it is committed only in respect to minor ,i.e , in cas of a boy 16 years and in case of a girl 18 ,years or a person of unsound mind.

 

Punishment

1. The offense is punishable under Section 363 of the IPC,envisages a maximum punishment of seven years along with a fine. Kidnapping is a substantive offence.

 

Continuity of crime

1. Kidnapping is not a continuing offence. The offence of kidnapping is completed as soon as the kidnapped person is removed from his/her lawful guardianship.

 

Jurisdiction

1. Kidnapping is a criminal offense in many jurisdictions worldwide, and in some cases, it may also be considered a federal crime.

 

illustration

1. A takes away B, a girl of 16 years of age, out of her lawful guardianship without the consent of the guardians. A has committed kidnapping

 

ABDUCTION

Definition

1. Abduction is defined under Section 362 as the act of taking or enticing away a person without any lawful justification.

 

Provisions

1. Abduction is defined under section 362 of the Indian Penal Code, 1860.

 

Force

1. The offender may or may not use force or deceit to abduct the victim, and there may not be an intent to harm or exploit them.

 

Intention

1. Abduction may occur for various reasons and does not always involve holding the victim against their will.

 

Consent

1. Free and Voluntary consent of the person alleged to be abducted condones abduction.
   

Age of aggreived person

6} It is committed in respect of any person of any age . There is no bar to any specific age of person .

 

Punishment

1. The offense is punishable under Section 362 of the IPC, with imprisonment of up to three years and a fine.

Abduction is not a substantive offence but an auxiliary act. It is not punishable by itself unless accompanied with some criminal intent

 

Continuity of crime

1. Abduction is a continuing offence and continues so long as the movement of the abducted person continues from one place to another due to forceful compulsion and deceit.

 

Jurisdiction

1. Abduction is also commonly used in legal contexts to refer to the transfer of a case from one court to another, such as when a case is “abducted” from a lower court to a higher court.

 

Illustration

1. A induces B by force to go from one place to another place in order to compel her for marriage. A has committed abduction.

 

OBJECT OF THESE SECTIONS

The purpose of these sections is to protect minors and persons of unsound mind from being exploited and protect the rights of guardians who have the lawful charge or custody of their wards. Thus absence of consent of the parent or guardian is the main ingredient .

 

Conclusion

Kidnapping and abduction are such two terms which are are generally used as synonyms but in the eyes of law they have different meanings.

While the differences between the two terms may seem small, they can have significant legal implications. In many jurisdictions, for example, kidnapping is considered a more serious offense than abduction, and may carry harsher penalties.

The key differences between Kidnapping and Abduction under IPC are the presence of an intent to harm or exploit the victim, the use of force or deceit, and the severity of the punishment. Kidnapping is a more serious offense than Abduction and carries a higher penalty due to the intention to harm or exploit the victim.Furthermore, it is crucial to recognize that both kidnapping and abduction are violations of an individual’s fundamental human rights and can have severe psychological and emotional consequences. Therefore, it is essential to take steps to prevent and respond to these crimes and ensure the safety and security of all individuals.