7 Major Differences Between Kidnapping and Abduction are
1. Definition:- According to section 359 of IPC 1860, "Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship."
Section 360 of IPC, states," Kidnapping from India- 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. "
Section 361 of IPC lays down "Kidnapping from lawful guardianship- 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."
Section 362 of IPC defines Abduction as "Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person."
2. Age :- The offence of kidnapping is committed only in respect of a minor under 16 years of age in case of a male and under 18 years in case of a female or a person of unsound mind.
Abduction may be committed in respect of a person of any age.
3. Lawful Guardianship :- In kidnapping the person kidnapped is removed out of lawful guardianship. Therefore there can be no kidnapping of an orphan.
Abduction refers to the person kidnapped. The person may not be under the guardianship of any body
4. Consent :- In kidnapping consent of the person taken or enticed is immaterial because they are not competent to give a valid consent.
In abduction consent of a person moved, if freely and voluntarily given, condones the offence.
5. Means :- Simple taking or enticing away of a minor or a person of unsound mind constitutes kidnapping.
In abduction material means like force, compulsion or deceitful means must have been used
6. Intention :- In kidnapping the intention of the kidnapper is wholly irrelevant.
In abduction the intention of the offender is an important factor to constitute the offence because abduction by itself is not an offence unless committed with certain intent as specified in section 364 of IPC 1860 and onwards.
7. Offence and Act :- Kidnapping is a substantive offence.
Abduction is only an auxiliary act, not punishable by itself, but only made Criminal only when it is done with one or the other of the intents specified in section 364 of IPC and onwards.
References
Ratanlal & Dhirajlal- THE INDIAN PENAL CODE-33rd Edition
Criminal Law: Cases and Materials - Sixth Edition - K.D.Gaur
Prof. S.N.Misra - INDIAN PENAL CODE- 15th Edition
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