Basis of Difference

Kidnapping

Abduction

Provision under IPC

The offence of kidnapping is defined u/s 359-361 of IPC

The offence of abduction is defined u/s  362 of IPC

Age (Minor or Major)

It is committed only in respect of a minor i.e. in case of boy 16 years and in case of a girl 18 years, or a person of unsound mind.

 It is committed in respect of any person of any age. There is no bar to any specific age of person.

Guardianship

The person kidnapped is removed from the lawful guardianship. A child without a guardianship can’t be kidnapped.

Guardianship is immaterial to determine the offence of abduction. It has reference exclusively to the person abducted.

Means Used/ Employed

In kidnapping, the minor is simply taken away. The means used to kidnap a child may be innocent.

The means employed in abduction are force, compulsion or deceitful methods.

Consent

Consent of the person enticed is immaterial

Consent of the person matters i.e. if a person is removed with free consent in that case offence of abduction is said be not committed.

 Intention

(Strict Liability)

In Kidnapping the intent of a person is immaterial i.e. he would be liable in all the circumstances irrespective of the valid motive and good intention.

Intention is very important to determine the offence. Hence, a person would be liable only if there is ill intention behind the act.

Completion of offence

It is not a continuing offence. The offence is completed as soon as the minor is removed from the custody of his or her/his guardian

It is a continuing offence. The offence is in continuation as the place of the abducted person changes from one to another.

Kind of offence

Kidnapping from guardianship is a substantive offence, punishable u/s 363, IPC.

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.