KIDNAPING AND ABDUCTION

Section 359 of the Indian penal code deals with what’s ‘Kidnapping’. According to this section, kidnapping is often classified as ‘Kidnapping from India’ or ‘Kidnapping from Lawful Guardianship’. Section 360 of the Code says that when an individual is conveyed beyond the bounds of India without that person’s consent, the one that takes such person is alleged to kidnap that person from India. Section 361 of the Code provides that when an individual entices a minor (16 years for male and 18 years for female) or an individual of unsound mind, person so enticing is going to be held responsible for kidnapping such minor or person from lawful guardianship. In the case of State of Haryana v Raja Ram[1], the accused induced the prosecutrix who was 14 years aged far away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a willing on a part of minor which kept her far away from her lawful guardianship and thus it amounted to ‘kidnapping’.

Abduction’ has been defined in Section 362 of the Indian Penal Code which says that if a person either by force compels a person or induces another person to go from anywhere is claimed to abduct such person. In the case of Bahadur Ali v King Emperor[2], the accused misrepresented himself as a constable and kept a woman in his house for a ransom of Rs 600. The court held that his act amounted to abduction.

COMPARISON

There is a slight difference between kidnapping and abduction. In kidnapping an individual (if male less than 16 years, if female less than 18 years) is taken away from the legal guardian without consent. In, abduction an individual by force compels or by any deceitful means induced any person to entice or take away.

In both, the offenses’ consent plays an important role. While in kidnapping consent is absent, whereas, in abduction consent is present but it is polluted consent (i.e. consent with deceitful means or by force). According to IPC, 1860 punishments are being awarded to the offenders who commit such types of offenses. A clear distinction is stipulated across kidnapping and abduction to acknowledge the judge and others dealing with such cases.

Another, significant difference between kidnapping and abduction is the age limit. In the former, there is an age limit bar which is being already mentioned above, but the latter seems to be unrestricted with an age limit.

The intention is a tricky word used here. Although, the intention has a great role to play. In kidnapping its immaterial, as irrespective of all circumstances, the offender will be held liable. If a person commits the offense of kidnapping in good faith or without ill-intention, then also he/ she shall be held liable. But, in abduction intention is very crucial. If in the court of law ill-intention is disproved of an offender committing abduction, then he/ she shall be pleaded not guilty. Good faith matters in such cases. Sometimes good faith may act as a defence for the offender in cases of abduction especially.

PUNISHMENT

Kidnapping is a substantive offence, where different categories of the offences are created and punished. It is not a continuing offence as the person kidnapped is taken away from his or her lawful protection of parents or guardians.

Types of KidnappingPunishmentSection of IPC
Kidnapping for purpose of begging10 years + Fine363A
Kidnapping in order to murder10 years + Fine364
Kidnapping for ransom10 years + Fine364A
Kidnapping with intent to wrongfully confine a person7 years + Fine365
Kidnapping so as to compel a woman to marry10 years + Fine366
Kidnapping so as to subject a person to grievous hurt10 years + Fine367
Kidnapping a child under 10 years of age in order to steal from a person7 years + Fine369

Abduction may be a quite auxiliary act where an accused may attract some quite punishment basis the severity of the sort of abduction. It is a continuing offence as a person abducted is moved from one place to another.

Types of AbductionPunishmentSection of IPC
Abduction in order to murder10 years + Fine364
Abduction with intent to wrongfully confine a person7 years + Fine365
Abduction so as to compel a woman to marry10 years + Fine366
Abduction so as to subject a person to grievous hurt10 years + Fine367
Abducting a child under 10 years of age in order to steal from a person7 years + Fine369

CONCLUSION

Kidnapping and Abduction are risky acts which hurt the opportunity of an individual. Section 359 to 369 go far in ensuring about the liberty of people. They offer security to kids against kidnapping and abduction. In addition, they strengthen the privileges of watchmen to possess authority over the children who are effortlessly moved and persuaded by the expressions of designing grown-ups. The quantity of kidnapping and abduction cases is gigantic and is simply expanding. There is a critical got to forestall these appalling wrongdoings and stop the way of lifetime of seizing and kidnapping from spreading, particularly when it’s accomplished for relationships, constrained sexual intercourses and constrained began then forth. To defeat these offences, not exclusively do the states got to cooperate yet additionally a co-task among countries should be developed. Also, it should be comprehended that a criminal would circumvent the laws, and luxuriate in these demonstrations. What is required to forestall these offences is inseparably working of non-administrative associations and government bodies, and more sensitisation.

REFERENCES:

WEBSITES

BOOK

  • IPC BARE ACT, 1860
  • Ratanlal & Dhirajlal’s the Indian Penal Code Avtar Singh

[1] 1973 AIR 819, 1973  SCR(2) 728

[2] AIR  1925  ALL  670

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