Distinction between Kidnapping from Guardianship and Abduction
Kidnapping Pictures”/>2. The offence of kidnapping is committed only in respect of a minor under 16 years of age if a male and under 18 years if a female or a person of unsound mind
3. In kidnapping the person kidnapped is removed out of lawful guardianship. Therefore a child without guardian cannot be kidnapped. There can be no kidnapping of an orphan.
4. In kidnapping, the minor or the person of unsound mind is simply taken away or enticed to go with the kidnapper. The means employed may be innocent. Generally force is not applied.
5. In kidnapping, consent of the person taken or enticed is immaterial because they are not competent to signify a valid consent.
6. In kidnapping, the intent of the kidnapper is a wholly irrelevant consideration.
7. Kidnapping is not a continuing offence, because it is complete the moment a person is deprived of his lawful guardian.
8. Kidnapping from guardianship is a substantive offence under the Code.
9. Kidnapping is punishable per se with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine (Sec. 363)
1. Whoever by force compels or by any deceitful means induces, any person to go from any place is said to abduct that person (Sec. 362)
2. Abduction may be committed in respect of a person of any age.
3. Abduction refers exclusively to the person abducted. The person abducted need not be in the keeping of anybody.
4. In abduction, means used are material and therefore force, compulsion or deceitful means must have been used.
5. In abduction, consent of a person moved, if freely and voluntarily given, condones the offence.
6. In abduction intent of the offender is an important factor to constitute the offence because abduction by itself is not offence unless committed with certain intent.
7. Abduction is a continuing offence, and the offence of abduction continues so long as a person is moved from one place to another.
8. Abduction is an auxiliary act, not punishable by itself, but made criminal only when it is done with one or other of the intents specified in Section 364, et seq.
9. Abduction is not punished per se and is punishable only when accompanied by a particular purpose; imprisonment for life if it is in order to murder (Sec. 364); with death or imprisonment for life if it is for ransom (Sec. 364A); imprisonment of either description for a term which may extend to ten years and also to fine if it is to confine person (Sec. 365) or to illicit intercourse (Sec. 366) or for a procreation of minor girl. (Sec. 366A)