DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION

INTRODUCTION:
1.) Kidnapping– Kidnapping is dealt with in Section 359 of the Indian Penal Code. Kidnapping is categorized in this section as either “Kidnapping from India” or “Kidnapping from Lawful Guardianship.”

According to Section 360 of the Code, a person is deemed to be kidnapped from India if they are transported outside of India without their consent.

When a minor (16 years for males and 18 years for females) or a person of unsound mind is lured, the person enticed is held responsible for kidnapping the minor. or person from lawful care, according to Section 361 of the Code.

The accused in State of Haryana v Raja Ram encouraged the prosecutrix, who was 14 years old at the time, to flee her legal guardianship. The Supreme Court ruled that the accused’s influence of the minor resulted in her willingly leaving her legitimate supervision, and so it amounted to “kidnapping.”

2.) Abduction– The term “abduction” is defined under Section 362 of the Indian Penal Code, which states that when a person forces or convinces another person to leave a location, that person is said to be abducted.

In Bahadur Ali v King Emperor, the defendant pretended to be a police constable and held a girl prisoner for a ransom of Rs 600 in his residence. His actions amounted to kidnapping, according to the court.

DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION:
1.) Age of the Aggrieved Person– In cases of kidnapping, the aggrieved person must be 16 years old for males and 18 years old for females, according to Section 361 of the Indian Penal Code (as seen in the case of the State of Haryana v Raja Ram).

There is no such thing as an age when it comes to abduction. Any person who has forcibly persuaded or induced another person to leave a location, regardless of age, will be charged with abduction (as in the case of Bahadur Ali v King Emperor).

2.) Removal from Lawful Guardianship- Any individual who has been permitted by law to care for a person who has not yet reached the age of majority is considered to be in lawful guardianship. Parents, in-laws, and other relatives may serve as legal guardians.

Because kidnapping takes into account the age of the person being abducted, the offence entails the removal of a minor from the custody of a lawful person who has been permitted by law to care for them.

Lawful guardianship is not considered because abduction only considers the individual who has been abducted.

3.) Means– Kidnapping is defined as the taking away or seduction of a person by a kidnapper. It makes no difference how such a goal is achieved.

Force, compulsion, or deception may be employed in the instance of abduction.

4.) Consent– In the event of a kidnapping, the permission of the kidnapped person is irrelevant because the kidnapped person is a minor who, by law, is unable to provide free consent. The permission received from the individual must be tainted (as seen in the case of State of Haryana v Raja Ram).

In the case of kidnapping, the abductee’s consent absolves the accused of the crime alleged against him.

5.) The Accused's Intention– In the case of abduction, the intent of the individual who kidnaps a youngster is irrelevant to the crime committed by the accused (as in the case of Queen v Prince).

The intent of the person abducting is a very essential component in assessing the guilt of the accused person in the case of abduction.

6.) Continuity of the Crime– Kidnapping is a one-time crime. When the accused removes the person from his or her legal care, the offence is committed.

Abduction is a continuous procedure in which the individual who has been kidnapped is relocated from one location to another.

ENDNOTES: https://www.legalpedia.co.in/legalnotes/difference-between-kidnapping-and-abduction.html

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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