Kidnapping and abduction are offence under the law of crime. Under both these offences, a person is taken away secretly or forcibly without his consent or without the consent of his guardian. Under kidnapping a person is kidnapped from lawful custody. Kidnapping is defined under section 359 of IPC.
There are two type of kidnapping according to section 359:-
i) Kidnapping from India.
ii) Kidnapping from lawful guardianship.
Section 360 deals kidnapping from India and Section 361 deals with kidnapping from lawful guardianship.
1. Kidnapping from India (section 360): This section provides that whoever conveys any person beyond the limit of India without the consent of that person or any person legally authorised to consent on behalf of that person, is said to kidnap that person from India. Age limit is immaterial.
This section has two essentials :-
I) Convey any person beyond the limits of India.
II) Such conveying must be without the consent of that person or the person legally authorised to give consent on behalf of that person.
2. Kidnapping from lawful guardianship (section) 361 IPC:- It defines as that 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 guardianship 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. The word lawful guardian here means any person lawfully interested with care or custody of such minor or other person.
Exception :- There is one exception to this section. 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 the lawful custody of such child unless such act is committed for an immoral or unlawful purpose.
Take or Entice Away:- means to induce a person for going to another place. Object of this section is to protect minor children from being reduced ( to corrupt) for improper purpose.
Guardian consent:- The kidnapping must be without the consent of the guardian. The consent may be expressed or implied. Thus to attract this section there must be taking or enticing away any minor or unsound mind person out of lawful guardianship.
In Chajju Ram vs State of Punjab (AIR 1968 P H 439), a minor girl was taken away out of the house for only about 20 – 30 yards. it was held that it was kidnapping because distance is immaterial.
Section 362 of IPC states that whoever by force, compels or by any deceitful means induces any person to go from any place ,is said to abduct that person.
Two essential ingredients of the offence of abduction are :
i) Forcefully compulsion or inducement by deceitful means.
ii) The object of such compulsion or inducement must be the going of a person from any place. Thus abduction is an offence under section 362.
PUNISHMENT FOR KIDNAPPING UNDER SEC.363 IPC
Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment or either description for a term which may be extended to seven years, and shall be liable to fine.
Difference between Kidnapping and Abduction.