Kidnapping and Abduction are the crime under Indian Penal Code,1860. It talks about the forcefully taking of the person or a child (from guardianship) with or without the consent for that matter. Both the offences are given under Chapter 26 – Offences affecting the Human Body, particularly from section 359 to 366 of Indian Penal code.
Kidnapping as the word suggest is the act of stealing a child. Under section 360 of Indian penal code,1860 there are two types of kidnapping i.e. Kidnapping from India and Kidnapping from lawful guardianship. But there may be cases when both the kinds can overlap each other. Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping.
The offence of kidnapping has a wide scope under the penal code as Sec. 359 and 361, IPC do not spell-out any territorial jurisdiction for committing the offence. Moreover, these provision is gender neutral which ensure the protection of male as well as girl child. The rigour of the law travels with the ward/ subject and any person involving himself or herself in the offence of kidnapping or procuring a minor girl at any point of time would also come within the purview of provisions of kidnapping.
Kidnapping is of two kinds: Kidnapping from India, and kidnapping from lawful guardianship. But these both types can overlap each other. For example ‘A’ minor boy was kidnapped by ‘B’ from the lawful guardianship of ‘C’(without his consent) and taken ‘A’ to beyond the limit of India. Hence, this act will attract the provisions of sec. 360 & 361 of IPC.
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.
Essentials of sec. 360 are: -
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.
Explanation. —The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exception —This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
The provision for punishment of kidnapping is given under section 363 which says whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extent to seven years, or with fine or with both.
The literal meaning of abduction is the action of forcibly taking someone away against their will. Abduction is defined u/s 362 of IPC. This section merely gives a definition of the word ‘abduction’ which occurs in some of the penal provisions which follows . There is no such offence as abduction under the code, but abduction with certain intent is an offence. Force or fraud is essential.
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Essentials of Section 362
3. Punishment 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.
Submitted by LP Team