![]() ![]() The offense of kidnapping is committed only to those who are minor in age, that is under 16 years for a male and under 18 years for a female if the female is of unsound mind, whereas, An Abduction can be committed upon a person of any age.The offenses of abduction and kidnapping are different from each other in the following ways:. Moreover, classic abduction is a case where a large amount of money will be demanded and mostly wealthier people will be targeted to get it.ĭIFFERENCE BETWEEN ABDUCTION AND KIDNAPPING Stranger kidnapping is another form of abduction and is often rare in number where the abductor doesn’t know the victim at all as in most cases of abduction the abductor knows the victim.Įxpress abduction is generally different from classic abductions as classic abduction basically involves detailed planning rather than being spontaneous in nature. But in some cases, it is also possible that she herself iid interested in marrying the person who has abducted her.Įxpress kidnapping is a time of abduction where the abductor demands money before he returns the victim to his/her parents or loved ones. Marriage by abduction refers to a situation where a bride has been abducted against her parent’s wish and it is not necessary that she wants to marry her abductor. When the child has willingly left their family it becomes easier for the abductor to abduct the child as children are very vulnerable and don’t know how to survive on their own. In case of custody battles, child abduction is a very common practice, a parent may take the child to another state so that the child is away from the other parent.Ī parent generally abducts a child usually when a divorce is going on or after the divorce has been finalized and child custody orders have been issued. Ĭhild Abduction basically means taking away the child from his/her parents by the way of persuasion but sometimes it can also be through violent means.Ĭhildren can be abducted either by strangers or by their own parents. In this case, C is liable for the offence of abduction and X will be liable if he had taken A for some illegal purpose. C takes her forcibly without the knowledge of B and also keeps her in his house for a period of two months, where she runs away with X to Agra who is C’s neighbor and both of them were arrested on a report of B. Under this case A will be held liable for kidnapping under Section 361 of Indian Penal Code Because the girl was a minor when the offense took place and was deprived of her lawful guardianship. A without the knowledge of the guardian is takes away B, a 16-year-old girl from her house upon her request.Every person involved in the whole process of abduction will also be equally liable. When there is an application of force or fraud or any deceitful means which is used to compel a person to go from one place to another amounts to an offense under this section.įor Example- If a woman is being carried away by using force from one place to another against her will, it will amount to abduction even if she is been carried away to be restored back home.Ībduction is said to be a continuing offense and not only the person who first moved the abductee from one place to another. There should be either use of force or use of fraud on the person who has been inducted. The actual use of force is a must and not just showing a threat, only then it will amount to an abduction. In an abduction, a person is forcefully compelled to go from one place to another. Forcefully Compelling or inducing by deceitful means:.It states that who so ever forcefully compels or by any deceitful means induces any person to move from one place to another, is said to have committed the crime of abduction.Ībduction is not a substantive offense by an auxiliary act which is not punishable by itself but has been made criminal in nature when it is done with the following intentions:. Types of abductions vary, out of which child abduction is primary.Ībduction is defined in section 362 of Indian Penal Code, 1860. Using of force in action is the main essential of abduction. What is the difference between abduction and kidnapping?Īn Abduction is an offense in which a person is forcibly taken away and moved from one place to another against his/her will.Difference between Abduction and kidnappingįOR LAW STUDENTS: REPEATED EXAM QUESTIONS RELATING TO ABDUCTION!.Abduction-types, case Abduction: Types And Important Case Laws- Indian Penal Code, 1860 ![]()
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