Define & Difference between kidnapping and abduction - Judiciary Exam

KIDNAPPING AND ABDUCTION

Kidnapping 

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.

1. Section 359 provides for two kinds of kidnapping:

a) Kidnapping from India (Sec. 360)

b) Kidnapping from lawful guardianship. (Sec. 361)

2. Both the offences are punishable U/s 363.

3. Sec. 362 defines Abduction. Abduction by itself is no offence. 

Defines kidnapping from India:- It provides "Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India."

The offence u/s 360 is punishable u/s 363. Punishment of either description which may extend up to 7 yrs and also fine. 

Abduction

Section 362 of the Indian Penal Code defines abduction. It is to be noted that abduction by itself is no offence. Abduction is punishable only if it is committed with some criminal intention which is given under sections 364 to 368 of the Indian Penal Code, which may be punishable.

Essentials of Abduction

Following are the ingredients of abduction:

• Forceful compulsion or inducement by deceitful means.
• Compulsion or inducement to move the person from one place to another.

Difference between Kidnapping and Abduction

Now that we have understood what kidnapping and abduction are let’s understand the difference between them.

Basis	Kidnapping	Abduction
Provision of law	Section 359 of IPC states the two types of kidnapping. Section 360 defines kidnapping from India, Section 361 defines kidnapping from lawful guardianship.	The definition of abduction is given in Section 362 of IPC.
Age of the victim	As per section 360 and 361, the female kidnapped should be under 18 years of age and male kidnapped should be under 16 years of age.	There is no provision which puts a bar on the age of the person abducted, since being a minor is not essential to constitute this offence.
Means	In kidnapping, the person is taken away or enticed. The means of doing these is irrelevant to constitute the crime.	In abduction. force, deceit or compulsion is used to take a person from a place.
Removal from lawful guardianship	Here lawful guardian refers to a person who is legally authorised to take care of a minor or a person of unsound mind. For kidnapping, it is essential that the victim is taken away from their lawful guardian	In abduction, there is no concept of taking a person away from his/her lawful guardian.
Consent of the victim	Consent of the person kidnapped is immaterial, however, the consent of the guardian can be material.	In case the person abducted gives his/her consent, it is considered that there is no offence.
The intention of the accused	In kidnapping the intention of the person kidnapping the minor or person of unsound mind is immaterial.	In abduction, intention is essential to determine the guilt of the accused.
Nature and Punishment	Since kidnapping is a substantive offence, it’s general punishment is prescribed in section 363 of IPC as imprisonment for a term up to seven years and a fine.	Since abduction is an auxiliary offence, it does not have a general punishment prescribed in the IPC. Rather, the punishment of specific types of abduction is given in different sections of IPC. (As discussed above)
Continuity of the offence	Kidnapping is not a continuing offence.	Abduction is a continuing offence because it does not end when a person is moved from a particular place, rather continues with every movement from one place to the other.
Completion of the offence	The offence is completed as soon as a person is taken away from the country or from his/her lawful guardianship.	It is a continuing offence and involves forcibly or deceitfully taking a person from one place to another

Kidnapping or Abducting to subject a person to Grievous Hurt

Section 367 of the Indian Penal Code states that if a person kidnaps or abducts a person so that such person is subjected to or is put in danger of grievous hurt, slavery or unnatural lust of any person, must be punished with either rigorous or simple imprisonment up to 10 years and fine.

Grievous hurt has been defined in section 320 of IPC. It includes:

• Emasculation (Removal of male reproductive organs),
• Permanently damaging eyesight in any eye,
• Permanently damaging hearing in any ear,
• Causing permanent loss of some joint,
• Permanent disfigurement of face or the head
• Fracture and dislocation of teeth or bones
• Any hurt which endangers the life of a person and causing the sufferer to suffer severe body pain within twenty days of the causation of hurt.