kidnapping

Hi Pratibha!

1. Kidnapping falls under section 359 of the Indian Penal Code, while abduction is under Section 362 of IPC.

2. Kidnapping is of two kinds, from India and from legal guardianship. Abduction is only one kind. 

3. Abduction under Section 362 of IPC is defined as “Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person."

4. Kindapping from India under section 360 is defined as "Whoever conveys any person beyond the limits of [India] without the consent of that person, or of some person legally authorised to consent on behalf of the person, is said to kidnap that person from [India]." Kidnapping from legal guardian under section 361 is defined as "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 guardian 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."

5. A very important difference between abduction and the kidnapping of both kinds is that kidnapping (as per its name) can be commited only against minors (under 16 for male, and 18 for female), while anybody can be abducted.

6. In kdinapping, the intention of the accused doesn't matter, while it does in abduction.

7. The punishment for kidnapping is upto 7 years along with a fine, while abduction in itself is not punishable. It is a criminal offence when it is committed along with intents under Sections 363A, 364, 364A to 369 of the IPC.