Kidnapping means removing an individual without wanting his/her will forcibly,
threat or deceit. Normally, the motivation behind the kidnapping is to get a
ransom, or for some political or different purposes and so. Kidnapping is
classified into 2 categories in Section 359 of the IPC and defined in Section
360 and 361 of the IPC. We should comprehend these areas better.
As per Section 359 of the IPC, Kidnapping is of two types:
- Kidnapping from India,
- Kidnapping from lawful guardianship.
Kidnapping from India
Section 360 explains kidnapping from India. As per section 360, assuming any
individual takes an individual past the restrictions of India against the assent
of that individual or against the assent of somebody who is legitimately
qualified to give assent for that individual's benefit, and then the offence of
the offense of kidnapping from India is committed.
Kidnapping from lawful guardian
Section 361of IPC explains kidnapping from lawful guardianship. Whoever takes or
entices any minor under sixteen years old if a male, or less than eighteen years
old if a female, or any individual of unsound mind, out of the keeping of the
legitimate guardian of such minor or individual of unsound mind, without the
consent of such guardian, is said to kidnap such minor or individual from lawful
Punishment for Kidnapping
Whoever kidnaps anyone from India or from lawful guardianship shall be punished
with imprisonment of either description for a term which might extend to seven
years, and shall also be liable to fine.
Section 362 of the Indian Penal Code defines abduction. It says that if a person
compels another person to go from one place, or induces some person to go from
one place, then the offence of abduction is committed.
Thus, Abduction is an offence in which a person is moved from one place, against
his/her will by forceful compulsion or by use of deceitful means.
This section merely gives a definition of the word "abduction" which occurs in
some of the penal provisions which follow. There is no such offence as abduction
under the Code, but abduction with certain intent is an offence. Force or fraud
Ingredients- this section requires two things:
- Forceful compulsion or inducement by deceitful means.
- The object of such compulsion or inducement must be the going of a
person from any place.
Force in Section 362 means actual force and not merely a show or threat of
force. Deceitful means signifies anything intended to mislead another. It
includes inducement and its scope is very wide. The intention of the accused,
one may say, is a gravamen of the charge. The case of Rabinarayan Das is a
pointer in this regard. Here the prosecutrix was blind.
She wanted to go to her
school. However, the petitioner took her to the secretariat premises. Evidence
of inducement is not forthcoming and yet there was nothing to prove that the
woman had gone there out of her volition or free will. Abduction is a continuing
offence. The abduction of a married woman comes under section 366 and the actual
validity or otherwise of the marriage is immaterial. Mere abduction without the
criminal intent of one of the kids specified in the section is not recognized as
An abduction is an auxiliary act, not punishable by itself unless accompanied
with some intent specified u/s 364-366. Hence, a particular purpose is necessary
to punish an accused.
Difference Between Kidnapping And Abduction
- In kidnapping, the offence is committed against a minor only whereas
abduction may be in respect of a person of any age.
- A minor's consent is not relevant for exonerating the accused from
liability for Kidnapping. But in case of abduction, the victim's consent
will negate liability.
- In kidnapping a person is taken out of the keeping of a lawful guardian.
However, in abduction no such thing is necessary. It has reference
exclusively to the person abducted.
- In kidnapping, the means used for taking away or enticing are irrelevant
whereas, in abduction force, compulsion, deceitful means are used.
- Kidnapping is not a continuing offence. It is complete as soon as the
minor or person of unsound mind is removed from lawful guardianship.
Abduction is a continuing offence and it continues as long as the person
abducted is removed from one place to another.
Kidnapping and abduction infringe the basic right to life and liberty of a
person, as embodied by Article 14 of the Indian Constitution. With the steady
increase in the number of victims of these heinous crimes, the need to prevent
the cases of kidnapping and abducting has become particularly important,
especially when it is done for forced beggar, maiming, and sexual intercourse.
To battle, the trafficking of children, co-task among the legal frameworks, the
government bodies, and the non-government bodies are extremely important.
Co-task among nations should also be cultivated to counter this phenomenon, by
consistency in punitive arrangements. This consistency can be accomplished
through the endorsement of international instruments and the national
implementation of these international humanitarian instruments.
Kidnapping and abduction are risky acts that hurt the opportunity of an
individual. Sections 359 to 369 go far in making sure about the freedom of
individuals. They offer security to kids against kidnapping and abduction. In
addition, they strengthen the privileges of watchmen to have authority over the
kids who are effortlessly moved and persuaded by the expressions of planning
The quantity of kidnapping and abduction cases is gigantic and is
just expanding. There is a critical need to forestall these appalling
wrongdoings and stop the way of life of seizing and kidnapping from spreading,
particularly when it is accomplished for relationships, constrained sexual
intercourses and constrained began and so forth.