Kidnapping and Abduction: Key Differences
Introduction
Kidnapping and abduction are two terms often used interchangeably to describe the act of taking someone against their will. In this comprehensive article, we aim to provide answers to the fundamental questions, like, What exactly is kidnapping, and how does it differ from abduction? What are the various types and forms that these actions can take? By exploring the definitions, types, and forms of both kidnapping and abduction, we’ll uncover their key differences, offering you a complete understanding of these critical concepts.
Kidnapping
Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often with the intent to demand a ransom or exert control over the victim for various reasons. It typically involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical and psychological well-being. Now, let us understand, ‘What are the types of kidnapping?’ Under Section 359 of the Indian Penal Code, 1860, Kidnapping is divided into two types, kidnapping from India and Kidnapping from lawful guardianship.
Types of Kidnapping
The aforementioned types of kidnapping are provided under Sections 360 and 361 of the IPC.
Kidnapping from India
Section 360 of the IPC defines ‘kidnapping from India’ as “Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.” The main essentials that amount to this offence include,
- to convey an individual beyond the limits of India whereas the offence under this section does not apply until the person reaches not only a foreign territory but also his destination.
- to take such an individual or person without his own or any legally authorized person’s (on behalf of the person) consent.
Provided that the offence is not restricted to persons of unsound minds or minors but can be perpetrated against any male or female, major or minor, irrespective of their age and nationality.
Kidnapping from lawful guardianship
According to Section 361 of the IPC, ‘kidnapping from lawful guardianship’ means “Whoever takes or entices any minor under 16 years of age if a male or under 18 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.” The main elements that amount to this offence include:
- take or entice a person, minor, or person of unsound mind.
- such a person must be under 16 years and 18 years if male and female respectively.
- take or entice such a person out of the keeping of the lawful guardian.
- the process to take or entice a person should be done without the consent of the lawful guardian.
Abduction
Unlike kidnapping, abduction is not a crime in itself but the addition of intention to cause other offences make it a punishable offence. It encompasses a broader spectrum of scenarios. In general, abduction refers to the act of taking someone away by force or deception, but it may not necessarily involve the intention to harm or exploit the individual. Under Section 362 of the IPC, the term ‘abduction’ is defined as “Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.”
Consider this scenario: A divorced couple has joint custody of their child, and there exists a court-issued order that outlines the visitation rights of the non-custodial parent. If the non-custodial parent takes the child and retains custody without the custodial parent’s consent or in defiance of the court order, it may be classified as abduction according to legal standards.
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