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Difference between Kidnapping and Abduction
Difference between Kidnapping and Abduction
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.
In the case of State of Haryana v Raja Ram , the accused induced the prosecutrix who was 14 years old far from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her far from her lawful guardianship and so it amounted to ‘kidnapping’.
The age of the aggrieved person just in case of Kidnapping as in line with Section 361 of the IPC is 16 in case of males and 18 in case of females (in the case of State of Haryana v Raja Ram).
There is no such thing as age in case of Abduction. a person either by force has compelled or induced the other person to travel from anywhere regardless of the age, shall be booked with abduction.
Here the lawful guardianship shall include a person who has been authorized by law to require care of the one who has yet not attained the age of majority. A lawful guardian could also be the mother, father, in-laws, etc.
The crime of kidnapping involves the removal from the guardianship of a lawful one who has been authorized by law to require care of such a minor as age is taken into account. Lawful guardianship isn't considered as just in case of Abduction since age isn't considered.
The means used for kidnapping is irrelevant but just in case of abduction it's relevant because it should involve force, compulsion, or deceitful means.
In case of Kidnapping, the consent of the person kidnapped is immaterial but just in case of Abduction the consent of the person abducted condones the accused from the offence so charged against him/her.
The intention of the person kidnapped just in case of kidnapping a minor is immaterial so on the crime committed by the accused. But just in case of Abduction, the intention of the person abducting could be a vital think about determining the guilt of the accused person.
Kidnapping could be a substantive offence. Section 363 of the IPC provides for a punishment for kidnapping for a descriptive term which can reach seven years and he/she shall even be chargeable for fine.
Abduction is barely an auxiliary act and isn't punishable in itself. Therefore, there's no general punishment for abduction within the Indian Penal Code.
Kidnapping isn't a continuing offence. The offence is completed as soon because the person accused removes the person from his/her lawful guardianship. Abduction could be a continuing process and it's the person so abducted is off from one place to another.
