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DisSimilarity Between Abduction And Kidnapping Under The Indian Penal Code

Kidnapping

  • Section 359 of the Indian Penal Code explains the meaning of  kidnapping. According to this section of the Indian penal code, kidnapping is classified into two categories. The first one is kidnapping from the territory of India, and the other one is kidnapping from lawful guardianship.
     
  • Section 360 of the Indian penal code says when an individual is taken beyond the boundaries of India without the consent of that person, the one who has taken such action like takes that person is said to kidnap that person from India.
     
  • Section 361 of the Indian Penal Code says that when a person attracts a minor, a male person under the age of 16 years and a female person under the age of 18 years or a person of unsound mind. Then the person who is making these persons attract towards him will be held liable for the kidnapping of such minor person or person from lawful guardianship.
     

Types of Kidnapping

  • Kidnapping subjected to a purpose of begging

    It comes under Section 363A of the Indian Penal Code. In this accused is entitled to a punishment of 10 years +fine
     
  • Kidnapping subjected to murder

    It comes under section 364 of the Indian Penal code.
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Kidnapping subjected for Ranson

    It comes under section 364A of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Kidnapping subjected to intent a wrongfully confine person

    It comes under section 365 of the Indian legal code
    In this accused is entitled to the punishment of seven years +fine.
     
  • Kidnapping subjected to compel a woman to marry

    It comes under section 366 of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Kidnapping subjected a person to grievous hurt

    It comes under section 367 of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Kidnapping to a child under ten years of age to steal from a person

    It comes under section 369 of the Indian Penal Code
    In this accused is entitled to a punishment of seven years +fine.

Abduction

  • Section 362 of the Indian Penal Code says that if a person either by force or pressure induces another person to go from any place is known as abducting such person.

Types of Abduction

  • Abduction to murder

    It comes under section 364 of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine
  • Abduction to confine a person wrongfully
    It comes under section 365 of the Indian legal code
    In this accused is entitled to a punishment of seven years +fine.
     
  • Abduction to compel a woman to marry

    It comes under section 366 of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Abduction to a person grievous hurt

    It comes under section 366 of the Indian Penal Code
    In this accused is entitled to a punishment of 10 years +fine.
     
  • Abduction to a child under ten years of age to steal from a person

    It comes under section 369 of the Indian Penal Code
    In this accused is entitled to a punishment of seven years +fine

The dissimilarity between abduction and kidnapping

Provision under IPC
  • Section 359-361 of the Indian Penal Code defines the offense of kidnapping.
  • Section 362 of the Indian Penal Code defines the offense of abduction.
Means
  • Kidnapping involves the process of taking away by the kidnapper. The means that are used for the purpose of kidnapping are irrelevant.
  • The means that are used for the purpose of abduction is force.
Consent
  • In case of kidnapping, the person who has kidnapped the consent of that person is immaterial. Because the person who is kidnapped is a minor according to the rule of law, and minors are unable to provide free consent.
  • In case of abduction, the person who is abducted with his consent removes the charges that have been applied on the accused.
Age of the aggrieved person
  • Age of the aggrieved person in case of kidnapping is defined in section 361 of the Indian Penal Code according to that the age of a male person is 16 years and the age of a female person is 18 years.
  • Age of the aggrieved person in case of abduction is not explicitly defined.
Guardianship
  • In case of kidnapping, the person who is kidnapped is removed from the lawful guardianship, and if a child is not under guardianship, they can't be kidnapped.
  • In case of abduction, guardianship is always immaterial to determine the offense.

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