2 ( anatomy) The act of abducing or abducting a drawing apart the movement which separates a limb or other part from the axis, or middle line, of the body. Hence, a particular purpose is necessary to punish an accused. abduction ( countable and uncountable, plural abductions ) Leading away a carrying away. Kidnapping from guardianship is a substantive offence, punishable u/s 363, IPC.Ībduction is an auxiliary act, not punishable by itself, unless accompanied with some intent specified u/s 364-366. The offence is in continuation as the place of the abducted person changes from one to another. The offence is completed as soon as the minor is removed from the custody of his or her/his guardian Hence, a person would be liable only if there is ill intention behind the act. Intention is very important to determine the offence. he would be liable in all the circumstances irrespective of the valid motive and good intention. In Kidnapping the intent of a person is immaterial i.e. if a person is removed with free consent in that case offence of abduction is said be not committed. The means employed in abduction are force, compulsion or deceitful methods.Ĭonsent of the person enticed is immaterialĬonsent of the person matters i.e. The means used to kidnap a child may be innocent. In kidnapping, the minor is simply taken away. It has reference exclusively to the person abducted. the criminal taking away of a person by persuasion (convincing someone-particularly a minor or a woman-he/she is better off leaving with the persuader), by. Guardianship is immaterial to determine the offence of abduction. A child without a guardianship can’t be kidnapped. The person kidnapped is removed from the lawful guardianship. There is no bar to any specific age of person. It is committed in respect of any person of any age. in case of boy 16 years and in case of a girl 18 years, or a person of unsound mind. It is committed only in respect of a minor i.e. The offence of abduction is defined u/s 362 of IPC The offence of kidnapping is defined u/s 359-361 of IPC Both the offences are given under Chapter 26 – Offences affecting the Human Body, particularly from section 359 to 366 of Indian Penal code.Īlthough both the offences are similar in some aspects but they are poles apart in many other aspects. It talks about the forcefully taking of the person or a child (from guardianship) with or without the consent for that matter. Kidnapping and Abduction are the crime under Indian Penal Code,1860.
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