KIDNAPPING AND ABDUCTION
INTRODUCTION
In Today times as we see our surroundings and we all watch television. And we usually Notice under it that the Kidnapping and Abduction topic usually they try to focus that both are same but today under the topic we shall be discuss about the Kidnapping and Abduction
Which Section of IPC deals with Kidnapping?
Which Section of IPC deals with Abduction?
What are their similarities?
What are the punishment of Kidnapping and Abduction?
What are the key points of Kidnapping and Abduction?
What are the Differentiate in it?
Purpose of Kidnapping?
Purpose of Abduction?
Common Purpose of Kidnapping and Abduction
REASONS FOR KIDNAPPING AND ABDUCTION
Several common reasons for These are under the following ways
*Ransom
*Forced marriage
*Murder
*Procuration of minor girls
*Purpose of Begging
*Exportation of girls to foreign countries
KIDNAPPING
Kidnapping means removing an individual without wanting his/her will forcibly, threat or deceit. Normally, the motivation behind the kidnapping is to get a ransom, or for some political or different purposes and so.
Under the Kidnapping
We can say that under it,
When Girl below the age of 16 years,
And for the boys below the age of 18 years
Then its regard as kidnapping
Under the Section 359,360,361,363 Discuss about the Kidnapping
Whereby
Section 359 defines the offence of kidnapping
Section 359 defines two types of kidnapping:
Kidnapping from India (Section 360)
Kidnapping from lawful guardianship (Section 361)
The necessary elements to constitute this offence are-
Conveying the person beyond the limits of India
Without the consent of such person or person legally authorised to give consent on behalf of that person.
Section 363 prescribes punishment for kidnapping which is imprisonment that may extend to 7 years and a fine.(PUNISHMENT OF KIDNAPPING)
Section 363 is a bailable offence
Is kidnapping cognizable or non-cognizable?
Section 363 is cognizable under the Indian Penal Code, that is, police officers may arrest an individual without a warrant issued by the Magistrate. After the arrest of the accused, he/she should be presented before the Magistrate within 24 hours excluding the time for the journey in taking the accused to the office of the Magistrate. The offence of kidnapping is triable by the Magistrate of 1st class.
Section 363 of the Indian Penal Code is non-compoundable in nature, that is, the offence of kidnapping cannot be compromised between the parties
Leading Case Laws for Kidnapping
Queen v Prince
ABDUCTION
Section 362 of the Indian Penal Code defines abduction. It says that if a person compels another person to go from one place, or induces some person to go from one place, then the offence of abduction is committed.
Thus, Abduction is an offence in which a person is moved from one place, against his/her will by forceful compulsion or by use of deceitful means.
This section merely gives a definition of the word “abduction” which occurs in some of the penal provisions which follow. There is no such offence as abduction under the Code, but abduction with certain intent is an offence. Force or fraud is essential.
Ingredients- this section requires two things:
Forceful compulsion or inducement by deceitful means.
The object of such compulsion or inducement must be the going of a person from any place
Section 362 defines the offence of abduction.
Abduction refers to compelling or inducing any person by using force or through any deceitful means, to take him/her from one place to another.
The consent of the person is induced by force or compulsion or means of deceit
Punishment
An abduction is an auxiliary act, not punishable by itself unless accompanied with some intent specified u/s 364-366. Hence, a particular purpose is necessary to punish an accused
The Indian Penal Code, 1860 defines both the offences of kidnapping and abduction in Section 359 and Section 362 respectively. They are categorised under the offences affecting the human body (Chapter XVI of IPC, dealing with offences affecting the human body).
Continuity of the Crime
Kidnapping is not a continuing offence. The offence is done as soon as the person accused removes the person from his/her lawful guardianship.
Abduction is a continuing process and it this the person so abducted is removed from one place to another.
Difference between abduction and kidnapping
Age of the Aggrieved Person
In case of Kidnapping, the age of the aggrieved person as according to Section 361 of the IPC is 16 in case of males and 18 in case of females (as seen in the case of State of Haryana v Raja Ram).
In case of Abduction, there is no such thing as age. Any person either by force has compelled or induced any other person to go from any place irrespective of the age, shall be booked with abduction (as in the case of Bahadur Ali v King Emperor).
Removal from Lawful Guardianship
Here the lawful guardianship shall include any person who has been authorized by law to take care of the person who has yet not attained the age of majority. A lawful guardian may be the parents, in-laws, etc.
As Kidnapping takes into consideration the age of the person being kidnapped, the crime involves the taking away from the guardianship of a lawful person who has been authorized by law to take care of such minor.
Since Abduction considers only the person who has been abducted, lawful guardianship does not come into the picture.
Means
Kidnapping involves taking away or enticement by the kidnapper. The means used for such purpose is irrelevant.
The means used in case of abduction may be force, compulsion, or deceitful means.
Consent
In case of Kidnapping, the consent of the person kidnapped is immaterial as the person being kidnapped is a minor and according to law, such person is unable to provide for free consent. The consent obtained from the person shall be a tainted one (as seen in the case of State of Haryana v Raja Ram).
In case of Abduction, the consent of the person abducted condones the accused from the offence so charged against him/her.
Conclusion
Kidnapping and abduction infringe the basic right to life and liberty of a person, as embodied by Article 14 of the Indian Constitution. With the steady increase in the number of victims of these heinous crimes, the need to prevent the cases of kidnapping and abducting has become particularly important, especially when it is done for forced beggar, maiming, and sexual intercourse.
To battle, the trafficking of children, co-task among the legal frameworks, the government bodies, and the non-government bodies are extremely important. Co-task among nations should also be cultivated to counter this phenomenon, by consistency in punitive arrangements. This consistency can be accomplished through the endorsement of international instruments and the national implementation of these international humanitarian instruments.
Kidnapping and abduction are risky acts that hurt the opportunity of an individual. Sections 359 to 369 go far in making sure about the freedom of individuals. They offer security to kids against kidnapping and abduction. In addition, they strengthen the privileges of watchmen to have authority over the kids who are effortlessly moved and persuaded by the expressions of planning grown-ups.
The quantity of kidnapping and abduction cases is gigantic and is just expanding. There is a critical need to forestall these appalling wrongdoings and stop the way of life of seizing and kidnapping from spreading, particularly when it is accomplished for relationships, constrained sexual intercourses and constrained began and so forth.
References
K.D.Gaur, “Textbook on Indian Penal Code’, Universal Lexis Nexis (7th Edition)
Criminal Manual
Author: MAYANK KUMAR, 7TH SEM ,UNIVERSITY LAW COLLEGE, HAZARIBAGH VBU
