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Kidnapping And Abduction Under Indian Penal Code

Kidnapping

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:
  1. Kidnapping from India,
  2. 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 guardianship.

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.

Abduction

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 is essential.

Ingredients- this section requires two things:
  1. Forceful compulsion or inducement by deceitful means.
  2. 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 offence.

Punishment
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

  1. In kidnapping, the offence is committed against a minor only whereas abduction may be in respect of a person of any age.
  2. 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.
  3. 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.
  4. In kidnapping, the means used for taking away or enticing are irrelevant whereas, in abduction force, compulsion, deceitful means are used.
  5. 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.

Conclusion
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 grown-ups.

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.

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