In this article you will learn about the Difference Between Kidnapping and Abduction in IPC.
Kidnapping
Kidnapping is defined under Section 359 of the Indian Penal Code (IPC). It refers to the act of taking or enticing away a person, by force or fraud, against their will. It is a serious criminal offence in most jurisdictions around the world.
Kidnapping is defined in two kinds : (1) Kidnapping from India and (2) Kidnapping from lawful guardianship.
- Kidnapping from India states that Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.
- Kidnapping from lawful guardianship states that Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Punishment for Kidnapping is prescribed under Section 363 of the IPC. It states that whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.
Illustration
X is a woman living in Haryana. Y takes X to Bhutan without her consent. Here, Y has committed the offence of kidnapping X from India(Haryana).
Abduction
Abduction is defined under Section 362 of the IPC. It refers to the act of taking away any person by deceitful means, without the use of force or fraud. It involves luring, enticing, or persuading someone to leave their current location or to accompany the abductor voluntarily, but without their consent or against their will. It constitutes an offence when it was done with the intention to commit other offences.
Illustration
A induces B by force to go from one place to another place in order to compel her for marriage. Here, A has committed abduction.
Points of Differences
| DIFFERENCE | KIDNAPPING | ABDUCTION |
|---|---|---|
| Section | Section 359 | Section 362 |
| Meaning | An act of taking or enticing away a person, by force or fraud, against their will. | An act of taking away any person by deceitful means, without the use of force or fraud. |
| Means | It is immaterial. | The means employed in abduction are force, compulsion or deceitful methods. |
| Kind of offence | It is a substantive offence. | It is not a substantive offence. |
| Completion of offence | It is not a continuing offence. | It is a continuing offence. |
Conclusion
In kidnapping, the offender uses force or fraud to take or entice away a person against their will. The use of physical force, coercion, or any form of compulsion is involved. The person being taken away does not willingly go with the kidnapper, and their consent is either absent or obtained through force or fraud.
On the other hand, abduction does not involve force or fraud. It is the act of deceitfully taking away a person without using physical force or direct coercion. The abductor lures, entices, or persuades the person to leave their current location voluntarily, often through misleading information, false promises, or manipulative tactics. The person may be misled or convinced to accompany the abductor without realising the true nature of the situation.
This article on Difference Between Kidnapping and Abduction in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.