Kidnapping Vs Abduction – Indian Judiciary

359. Kidnapping.—Kidnapping is of two kinds

360. Kidnapping from India—

Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.

361. Kidnapping from lawful guardianship.—

Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a willing on the part of minor which kept her away from her lawful guardianship and therefore it amounted to ‘kidnapping’.

363. Punishment for kidnapping.—

Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

362. Abduction.—

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
In the case of Bahadur Ali v King Emperor , the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction.

Punishment For Abduction-

Abduction is an Auxiliary crime and does not carry a punishment by itself.
But its aggravated forms given in the sections further carry Punishment.

364. Kidnapping or abducting in order to murder.—

E.g.- A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

365. Kidnapping or abducting with intent secretly and wrongfully to confine person.—Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
366. Kidnapping, abducting or inducing woman to compel her marriage, etc – shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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
In case of Abduction, there is no such thing as age.

Removal from Lawful Guardianship

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.

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.
In case of Abduction, the consent of the person abducted condones the accused from the offence so charged against him/her.

The intention of the Accused

In case of Kidnapping, the intention of the person kidnapping a minor is immaterial so as to the crime committed by the accused as in the case of Queen v Prince .
In case of Abduction, the intention of the person abducting is a very important factor in determining the guilt of the accused person.
Punishment
Kidnapping is a substantive offence. Section 363 of the IPC provides for a punishment for kidnapping for a descriptive term which may extend to seven years and he/she shall also be liable for fine.
Abduction is only an auxiliary act and is not punishable in itself. Therefore, there is no general punishment for abduction in the Indian Penal Code.