Kidnapping and Abduction often are used synonymously for referring to the same purpose, but theres a thin line between the two. Kidnapping refers to the removal of a minor from the lawful custody of the guardians, whereas Abduction refers to the forceful carrying away of an adult person. In case of kidnapping, the consent of the kidnapped minor is immaterial. Howbeit, in case of abduction, the consent of the adult, abducted can be a good defence for the accused person(s).
Kidnapping means taking away a person (minor) by force, threat or deceit. Generally, the purpose of kidnapping is to get a ransom, or for some political propaganda or other purposes etc.
Kidnapping is classified in Section 359 of the Indian Penal Code; and further defined and explained in Section 360 and 361.
According to Section 359 of the Indian Penal Code, Kidnapping is of two types:
• Kidnapping from India,
• Kidnapping from lawful guardianship.
I. Kidnapping from India
Section 360 delineates kidnapping from India. As per section 360, 'if any person takes a person beyond the limits of India against the consent of that person or against the consent of someone who is legally entitled to give consent on that person’s behalf, then the offence of kidnapping from India is committed'.
II. Keeping from Lawful Guardian
Section 361 delineates kidnapping from lawful guardianship. As per this section, if a person entices a minor (i.e, a boy under age of 16 years and a girl under age of 18 years) or a person with unsound mind, away from their lawful guardian without guardian’s consent, that person commits the offence of kidnapping from the lawful guardianship.
This section also state an exception. It says that it does not result in the crime of kidnapping from lawful guardianship, if the person in good faith, believes that:
The person is entitled to the lawful custody of the child; or is the father of an illegitimate child.
Punishment for Kidnapping
Section 363 of the IPC asserts the punishment for both kinds of kidnapping i.e. Kidnapping from India and Kidnapping from lawful guardianship.
The punishment prescribed are :
Imprisonment which can extend up to seven years, and/or Fine.
Section 362 of the IPC defines Abduction. It says that if a person compels another person to go or move from one place to another, or induces some person to do so, then the offence of abduction is daid to be committed.
Hence, Abduction is an offence where a person is moved from one place, against their will by compulsion or by deceitful means.
Requisites of Abduction :
Section 362 says, that in abduction, a person iss forced/compelled to go from one place to another, against their will. The use of force, must be actual, and not just a threat of force to compose abduction.
II. Deceitful Means
According to the Section 362, abduction can take place by inducing someone to go from someplace by misleading/deceiving them to do something they would not normally do. The scope of incitement here is very wide.
III. Movement of Abducted Person
For abduction to be accomplished, it is necessary that the person is compelled to move/go from one place to some other place, either forcefully or by using deceitful means. It cannot be called abduction if the person does not move or is not taken to someplace.
Punishment for Abduction
Abduction with intention of wrongful confinement is punishable in Section 363A with imprisonment up to ten yearsb
Abduction with the intention of murder is punishable with life imprisonment, etc.
JUVENILE JUSTICE ACT : PROVISIONS FOR KIDNAPPING AND ABDUCTION Provisions for kidnapping & abducting children are mentioned in Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015; Section 84 states for the purposes of this Act, the provisions of sections 359 to 369 of the Indian Penal Code, 1860 shall mutatis mutandis (things requiring change have been changed i.e. necessary changes having been made) applicable to a child or a minor who is below 18 years of age and all the provisions shall be construed accordingly. CONCLUSION Kidnapping and abduction are dangerous offences which harm the freedom of a person. Section 359 to 369 secures the liberty of people and provides protection against kidnapping and abduction. Furthermore, they reinforce the rights of guardians. The number of abductions and kidnapping cases increasing day by day. There is a dire need to prevent these crimes and force stop further spread, since it is done for ransom, forced marriages, sexual activities and begging etc. The law, enshrines provisions and punishments covering offences. However hand in hand working of government bodies and NGOs, and more sensitisation among citizen is required. REFERENCE • Indian Penal Code, 1860. • Juvenile Justice Act, 2015.