Explanation of Kidnapping and Abduction – Indian Penal Code – Judiciary Exam

Table of Contents

WHAT IS KIDNAPPING AND ABDUCTION?

Kidnapping can be of Minors and Majors too. Abduction can be of adults and non- adults too.
A Minor or kids can be abducted too. Minors are not necessarily always kidnapped.

Section 360- Kidnapping from India- Can be of major or minor
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.
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.
—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.

A minor girl under 18 years of age on her own ran away from the house. Went to the court and got married to her boyfriend. She wasn’t taken away by anyone nor enticed by anyone. The Boy was charged with kidnapping. But he was not held guilty.
Because there should be taking away or enticing. The girl ran away from the house on her own free will. So the boy was not held guilty.

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Gurcharan Singh v. State (1972) If the accused induced a minor girl to go with him by threatening her by pointing a pistol at her, the act amounted to abduction and not kidnapping from lawful guardianship as force was used here.
Kidnapping has taking or enticing away but abduction has forceful means. So a minor can be abducted also. Depends on the way it is done.
Kidnapping or abducting in order to murder.
Kidnapping for ransom, etc
Kidnapping or abducting with intent secretly and wrongfully to confine person.
Kidnapping, abducting or inducing woman to compel her marriage, etc
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
Kidnapping or abducting child under ten years with intent to steal from its person.