Difference between Kidnapping and Abduction under Indian Penal code

Firstly, I am discussing what Indian penal code which is also known as IPC in short form. It is drafted in 1834 by Lord Thomas Babington Macaulay and submitted to the Council of Governor-General of India in the year 1835. It is came into enforced in British India in 1862. Indian Penal Code have 23 chapter consist of 511 sections. Kidnapping and abduction both are a criminal offences. Indian Penal Code deals with both the offences. Kidnapping Kidnaping means taking out person without his/ her consent. Generally, kidnapping occurs with the minor child not the major or the one who have their legal guardian. In kidnaping, the age of victim is less than 16 for male and 18 for female. I am explaining kidnapping with the help of Example, ‘A’ and ‘B’ are the couple together they have 3 year old son name ‘C’. ‘A’ and ‘B’ are the legal guardian of ‘C’., ‘D’ a peon in the office of ‘A’. One day ‘C’ was playing in the park, ‘D’ take away ‘C’ for the motive of Ransomed (good amount of money). In this example, ‘C’ was the one who get kidnapped, ‘A’ and ‘B’ are their legal guardian and ‘D’ is the kidnaper, criminal or culprit. Consent is immaterial in kidnapping. If a kidnaper take the defense that he kidnapped a child with his/ her consent, it is not considerable in the court. Section 359, section 360 and section 361 of Indian Penal code deals with kidnapping. According to Section 359 of IPC, Kidnapping is of two types · Kidnapping from India · Kidnapping from lawful guardianship. Section 360 of Indian Penal Code deals with Kidnapping from India. 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. Section 361 of Indian penal code deals with Kidnapping from lawful guardianship. Lawful guardian means legally permitted to take care and protect of the minor or person of unsound mind (unsound mind means a person is incapable of deterring good or bad) Reasons for kidnapping There are so many reason for kidnapping, the most important reason for kidnapping is money, ransom. Human trafficking and beggars are also the important reason of kidnapping. Sometime criminal kidnaps children and sell them for home servant, work for illegal factory. Especially girls were kidnaped for the work of prostitution. Kidnappers kidnaped people for the motive of organ transplantation, forced labor etc. Section 363A of IPC taking about Kidnapping of a Minor for the purpose of begging Report says that the number of people who are trapped in kidnaping or abduction are mainly women, children and rarely young men. Punishment for kidnapping Punishment of kidnapping under Indian Penal code is Imprisonment up to 7 years and shall also be liable for fine. Abduction Taking away person by force without his/ her will is called abduction. It is committed irrespective of any age. Kidnaping is committed with minor while abduction is committed by major. I am explaining this with the help of example, ‘A’ a famous jeweler of the city. One day ‘A’ is travelling in the bus, ‘B’ came and sit near him and show his gun and ordered ‘A’ to go away with ‘B’. By means of force of ‘B’ take away ‘A’ from that particular place to another one. In this example, ‘A’ is the one who is abducted and ‘B’ is the criminal. According to Indian Penal Code, Abduction is defined under section 362. According to section 362 of Indian penal code abduction means, whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. Abduction consist of force, deceitful and taking person from one place to another place. In simple word abduction means take away a person from one place to other by force. We can say that abduction is completed when a person go to another place from his/ her original place without his/ her consent and by the means of force. Differences between kidnapping and abduction The first and main difference between Kidnapping and abduction is based on the sections of Indian penal code. Kidnapping is defined under section 359 of Indian Pena Code while abduction is define under section 362 of Indian Penal Code. The punishment of Kidnaping is described under section 362 of Indian Penal code and the punishment of abduction is define under section 364, 365 and 366 of Indian penal Code. Kidnapping happens with the child, minor and person of unsound mind, someone who depend on their parents or legal guardian. In kidnapping consent of the person is immaterial because he/ she is the minor but in abduction consent is very important, if someone abducted a person with his/ her consent then the person who abducted is not committed any offence (if a person is removed from one place to another with free consent then it is not an offence). In kidnapping the role of guardianship is very important, without guardian a person cannot be kidnapped while in abduction the role of guardian is immaterial, abduction is related to only to the person who were removed. Kidnapping is not a continuing offence while abduction is a continuing offence. The offence of kidnapping completed when a minor removed from his/ her legal guardian but abduction is continuing. Punishment for kidnapping and abduction Section 363 of Indian penal code deals with the punishment for the offence of Kidnaping. According to section 363 of Indian Penal code, whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Section 364 in The Indian Penal Code amounting to murder According to section 364 of the Indian Penal code, Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being mur­dered, shall be punished with the imprisonment for life or rigor­ous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Let’s I explain this with the help of examples - if ‘A’ kidnaps ‘B’ and sell her to ‘C’,’A’ knows that ‘C’ will kill ‘B’ after 10 days. In this circumstances ‘A’ has committed the offence. So he should get the punishment of life imprisonment which may extend upto 10 years, and also punishable for fine. Both the offences are related to others and it is necessary factor to removal of victim from his/ her original place is necessary. According to section 366 of Indian penal code, however kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine Conclusion Kidnapping and abduction both are offence under the sections of Indian Penal Code. Both are punishable under Indian Penal Code. Both takes the freedom of person and destroy various rights like right to freedom, right to travel, right to choice and the most important right to life with dignity etc. the problem of kidnapping and abduction is not related to singe person or single community, it is the problem of whole society or country. Section 359 to 369 of Indian Penal code deals with kidnapping and abduction and their punishment. If the whole society decides to fight against the culprit of kidnapping and abduction the kidnappers must have to gone somewhere else for his/ her business. We cannot completely destroy the business of kidnapping or abduction but at least we try to reduce it. If we find any victim of these offences we can help them. We can identify the victim by our awareness and responsible behavior towards countries peoples For example, we can identify them by seeing the condition of the victim, is she living with his employer, she is living in poor conditions. Is she is living with multiple people in cramped space, fear to speak to individual etc. As a responsible human being it is our duty toward society to make it kidnapping and abduction free and we will do it by giving us our full energy. Author - Surbhi Rashmi (Lloyd Law College)

Difference between Kidnapping and Abduction under Indian Penal code