Offences of Kidnapping and Abduction

 Definition of Kidnapping

The offence of kidnapping , according to the section 359 of the Indian Penal Code , is of two kinds — 1) kidnapping from India , and 2) kidnapping from lawful guardianship .

  • Kidnapping from India is defined by section 360 of the Indian Penal Code .

According to this section , whoever , conveys any person beyond the limits of India , without the consent of that person or of some person legally authorized to consent on behalf of that person , is said to commit the offence of kidnapping from India .

  • Kidnapping from lawful guardianship is defined by section 361 of the Indian Penal Code .

According to this section , whoever takes or entices a minor male under 16 years of age  if a male , or under 18 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 commit the offence of kidnapping from lawful guardianship .

The words lawful guardianship in this section includes any person lawfully entrusted with the care or custody of such minor or other person .

But 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 to the lawful custody of such child , unless such act is committed for an immoral or unlawful purpose .

The  essential elements of the offence of kidnapping from lawful guardianship are as follows :-

  1. The offender took or enticed away a minor or a person of unsound mind ;
  2. Such minor , if male , must be under 16 years of age , and if female must be under 18 years of age ;
  3. The act must be one of taking or enticing out of the keeping of the lawful guardianship of such minor or person of unsound mind ;
  4. The act of taking  or enticing out must be done without the consent of the lawful guardian.

Definition of Abduction :-

The offence of abduction is defined by section 362 of the of the Indian Penal Code  . According to this section , whoever , by force compels , or by any deceitful means induces , any person to go from any place , is said to commit the offence of abduction.

To constitute the offence of abduction the following ingredients must remain present :-

  1. The offender enticed a person by deceitful means or by forcible compulsion to go away from any place ;
  2. The offence of abduction was committed for any of the purposes enumerated in section 366 of the IPC.

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By Hassham

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