Difference between Kidnapping and AbductionMany types of crimes are being committed all over the world. Kidnapping and Abduction have become very common crimes across the world. Kidnapping combines two words, 'kid' plus 'napping'. The term 'Kid' here refers to a 'child', and 'napping' means 'stealing'. So, kidnapping refers to the stealing of a child. On the other hand, abduction is forcing somebody to go somewhere with a kidnapper. Although these two may seem quite similar, there are some notable differences. Let us discuss in detail: Kidnapping: What does it mean?Kidnapping is defined as a crime under Section 359. It is a criminal law where a person is taken away against his will using violence. Simply, we can say a minor or an unsound-minded person is carried away from legal guardianship. This offense is not continuous, so it doesn't take place in a go. The moment when a person is carried away from the guardian's law, it is said to be kidnapping. There is a further division of kidnapping, one in section 360, i.e., kidnapping from India, and the other under section 361, kidnapping from a lawful guardian. The kidnapped people are generally either minors who are below 18 years old or unsound-minded people. The consent of the lawful guardian is important to decide the crime in "kidnapping from the lawful guardian". On the other hand, "kidnapping from India" is done without the person's consent. The intention here is immaterial. This offense is considered substantive, as the thought of carrying away a person is itself a crime. For this crime, there is a provision of punishment under section 363. The punishments include imprisonment, which may extend up to 7 years or more. Reasons for Kidnapping
Types of Kidnapping1. Kidnapping from the Lawful Guardian: In kidnapping from a lawful guardian, anyone who induces or entices a male, female, or minor under the age of 16 or a person of unsound mind without the consent of the lawful guardian is said to be a criminal conducting a crime. The offense here is completed when the person of unsound mind or minor is carried away from its legal guardianship. 3. Kidnapping from India: In this, a person is taken away beyond the limits of India without consent, which is said to be an offense. The offense here is not completed until & unless the victim reaches the foreign territory. It is not just limited to minors but includes people of all ages. 4. Kidnapping for Begging (Section 363): Under section 363, punishment is provided for kidnapping for Begging. This section was instructed under the act of the Indian Panel Code (IPC) in 1959. There is a provision for punishment for a person who commits the crime of kidnapping a minor. The punishment here can be extended up to 10 years imprisonment. If the need arises, lifetime imprisonment or a fine may also be imposed. Major elements of this offense are: the minor must be kidnapped, and they must have been used him/ her for begging. The kidnapper should not be the lawful guardian, and he shouldn't have custody of the minor. 5. Express Kidnapping: It is a kidnapping that takes place for demanding ransom. In this, a person is carried away from their loved ones. Express kidnapping is separated from classic abduction. Notably, the classic abduction involves planning, and then it asks for ransom from the victim's parents or others. 6. Stranger Kidnapping: It is a situation where the abductor doesn't know about his victims. PunishmentsIf someone commits a crime like kidnapping, various types of punishments are given for it. Section 364 imposes imprisonment for ten years plus a fine. Section 364A, kidnapping a child for ransom, again puts imprisonment for ten years, etc. Abduction: What does it mean?Abduction is compelling someone to go somewhere in deceitful ways. It comes under section 362. It is continuous. The crime is not complete until a person is transferred to another place. But for abduction, no classification of abduction or sections comes under it but only one that processes all functions. There is no age group for considering the offense as abduction. It is applied to all. Force and violence are highly used elements in abduction. Here, the person who gets abducted is taken into account and not the lawful guardian like in kidnapping. Consent is very important for the abducted person to condone the person who has committed the offense. It is important to know his intentions in deciding the guilt of the abductor. It can be done either for ransom or sometimes to murder a person. Types of Abduction1. Child Abduction: It occurs when a child is separated from his/ her place or is persuaded to move somewhere else. The strangers or parents might abduct them. Ways to Prevent Child Abduction
2. Marriage by Abduction: It is a situation when a bride is taken away from her parents without their permission. Sections of Abduction
PunishmentsThere are different punishments for different abductions. The type of punishment completely depends on the level of crime committed. Key Differences Between Kidnapping and Abduction
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