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.
Although both the offences are similar in some aspects but they are poles apart in many other aspects.
Kidnapping is dealt under Section 359 of the Indian Penal Code. Kidnapping is classified into two types:- ‘Kidnapping from India’ or ‘Kidnapping from Lawful Guardianship’. ‘Abduction’ has been defined in Section 362 of the Indian Penal Code.
As per Section 360 of the IPC when someone is taken beyond the bounds of India without that person’s consent, the one who takes him or her is claimed to kidnap that person from India. Section 361 of the Code provides that when someone entices a minor (16 years for male and 18 years for female) or someone of unsound mind, the person is going to be held chargeable for kidnapping such person from lawful guardianship.
The difference can be understood by the mentioned definition in a definitive way but to go into dept, when we put the practical and theoretical implication the following difference comes out in point
· „Kidnapping‟ is committed only in respect of a minor under sixteen years of age if male and under eighteen years if a male or a person of unsound; „abduction‟, in respect of a person of any age.
· In „Kidnapping‟, the person kidnapped is removed out of lawful guardianship. A child without a guardian cannot be kidnapped. „Abduction‟ has reference exclusively to the person abducted.
· In Kidnapping, the minor is simply taken away. The means used may be innocent. In „Abduction‟, force, compulsion, or deceitful means are used.
· In kidnapping, consent of the person taken or enticed is immaterial; in abduction, consent of the person moved, if freely and voluntarily given, condones abduction.
- In „kidnapping‟ the intent of the offender is a wholly irrelevant consideration: in abduction, it is the important factor.
· Kidnapping from guardianship is a substantive offence under the Code; but abduction is an auxiliary offence, not punishable by itself, but made criminal only when it is done with one or other of the intents specified in S.364.
| KIDNAPPING | ABDUCTION | ||||
| For the offence of Kidnapping, section 361 of IPC lays down that the age of the aggrieved person should be below 16 in case of males and below 18 in case of females. | For the offence of Abduction, there is no provision of age. Any person who by force and deceit compelled another person to move from one place to another becomes liable for abduction | ||||
| During the offence of Kidnapping the aggrieved is removed from his/her lawful guardianship. | In abduction, there is no concept of lawful guardianship. | ||||
| In kidnapping, a person is taken away or is enticed from his/her lawful guardian. There is no such means of taking in Kidnapping. | In abduction, certain improper means like force, fraud, deceit comes into play. | ||||
| In kidnapping, the intention of the person committing the offence is immaterial and irrelevant. | In abduction, the intention of the accused plays a very vital role in order to ascertain whether he is guilty or not. | ||||
| Kidnapping completes as soon as the minor or the person who is of unsound mind is removed from the custody of his/her lawful guardian. Hence, it is not a continuing offence. | Abduction continues from the time the person is removed till the time he is sent to another place. Hence, it is a continuing offence. | ||||
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