What is the difference between Kidnapping and Abduction in India?

I want to now the differences between the offences of Kidnapping from lawful guardianship and abduction
Posted 10 months ago  |    0  | 
Criminal Defense,General Legal
Criminal Defense General Legal

2 Answer(s)

Tushar Bhargava
Advocate

The offence of abduction can be committed with respect to a person of any age . Likewise , the offence of kidnapping from India can also be committed with respect to a person of any age.On the other hand kidnapping from lawful guardianship can only be committed with respect to a minor under 16 years of age , if male , and under 18 years of age , if a female . But the offence of kidnapping from lawful guardianship can be committed with respect to a person of unsound mind of any age.

2.In case of abduction , the offender must use compulsion , force , or deceitful means . But in kidnapping , the minor is simply taken away or enticed away .

3.In case of kidnapping from lawful guardianship , the person kidnapped must be removed out of the custody of a lawful guardian . A person without a guardian can not be kidnapped . But abduction has reference exclusively to the person abducted.

4.In case of kidnapping , intention of the offender is wholly irrelevant . But in case of abduction intention of the offender is an important factor.

Ravindra Purohit
Advocate

Abduction is an auxiliary act , not punishable by itself , but made criminal only when it is committed with one or other intents mentioned in section 364 onwards of IPC . But kidnapping is a substantive offence , either from India or from lawful guardianship.

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