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What amounts to Kidnapping & Abduction?

 As per Indian Penal Code of India, Kidnapping is of 2 types as provided under Section 359 of the code:

1.      Kidnapping from India (Section 360, IPC)

2.      Kidnapping from Lawful Guardianship (Section 361, IPC)

The word “Kidnapping” has been derived from two words “kid & napping.”

Kidnapping

Kid means

Child

Napping means

To steal

 In simple words “Kidnapping” means to steal a child. But Indian Penal Code has given a wider meaning which means carrying of a human being against his or her consent or some other personal legally authorized to do so on behalf of such person such as guardian of child or insane person.

 

Section 360: Kidnapping from India:

Essentials

1.      Conveying of a person beyond limits of India

2.      Without the consent of the person or someone legally entitled to give consent on his behalf.

The offence under this section restricts no gender, age, nationality.

 

Section 361: Kidnapping of a minor from lawful guardianship

Minor

In case of male

Under 16 years of the age

In case of female

Under 18 years of the age

 This provision also protects the persons of unsound mind despite the age factor

Essentials:

1.      There must be taking of a minor of person of unsound mind.

2.      The age of minor as discussed above.

3.      Such taking must be without the consent of such guardian out of their jurisdiction.

 The word ‘taking’ does not necessarily means by use of force, it can be caused through getting into possession or to escort (out of the custody of guardian) etc. if the minor is in custody of guardian this section is not attracted. Taking child out of the custody of guardian is necessary to attract this provision.

In a case Sayyad Abdul Satar v Emperor, AIR 1928, it was held that if the minor leaves her parental home completely uninfluenced by any promise, offer, inducement emanating from the guilty party, then the latter cannot be considered to have committed this offence.

 

Section 363: Punishment for Kidnapping

The person shall be punished with imprisonment of either description for a term upto 7 years and shall also be liable for fine

Cognizable

Bailable

Non Compoundable

Triable by Magistrate of 1st Class

  

Section 363A: Kidnapping or maiming of a minor for purpose of begging.

Section 364: Kidnapping or abducting in order to murder

Section 364A: Kidnapping for ransom

Section 366: Kidnapping, Abduction or inducing women to compel her marriage etc.

Section 366A: Procuration of minor girls

Section 366B: Importation of girl from foreign country

Section 362: Abduction

In common language Abduction means carrying away of a person by fraud or force. It takes place when any person by deceitful means induces other person, or compels by force to go from any place.


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Edited by @ Vasu Gupta

*Books referred: Indian Penal Code by KD Gaur

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