QUESTION- Difference between Kidnapping from lawful guardianship and Abduction
The differences between the offences of Kidnapping and abduction are as follows ;-
1) 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 abduction or kidnapping from India , if the victim is capable by law of giving consent , the offence is not committed . But in case of kidnapping from lawful guardianship giving consent by the victim is immaterial or inoperative.
4) 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.
5) 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.
6) Kidnapping from lawful guardianship cannot be abetted , but if there is a conspiracy , conviction for abetment can be sustained. But abduction or kidnapping from India can be abetted.
7) In case of kidnapping, intention of the offender is wholly irrelevant . But in case of abduction intention of the offender is an important factor.
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