Criminals commonly kidnap someone to get a ransom from their family or loved ones in movies and serials. Usually called a ‘kidnapping.’ We know little about ‘abduction.’ Kidnapping and abduction are similar, but abduction must have a purpose. Kidnapping is a crime solely for taking. Kidnapping and abduction are severe crimes that include unwanted confinement or coercion. These crimes undermine personal liberty and promote social dread and unease. Definitions and penalties for these terrible crimes are in the Indian Penal Code (IPC).
Kidnapping as per IPC
Kidnapping is a serious crime that involves forcefully transporting or detaining an individual with the intention of money or injury. Kidnapping is defined in section 359 of IPC and is also punishable.
Kidnapping requires the following, according to the Indian Penal Code:
- An intentional act of kidnapping involves the deliberate and purposeful abduction of an individual against their consent.
- The victim must be unlawfully confined, detained, or transferred using force, deception, or coercion.
- Kidnapping occurs when the victim’s assent is acquired under duress or in the absence of consent.
Abduction as per IPC
Abduction is the unlawful removal of a person from their legal care, whereas kidnapping is usually done for money or injury. Section 362 of the IPC covers kidnapping.
Abduction requires the following, according to the Indian Penal Code:
- The term “wrongful taking” refers to the illegal removal of a person from their legal guardianship.
- The victim must be under the age of consent or unable to offer informed permission. A person can be abducted against their will, even if they are old.
- Lawful Guardianship: The individual must be under legal guardianship, such as a parent, guardian, or custodian.
Differences between Kidnapping and Abduction
Both kidnapping and abduction require illegally restraining or enclosing someone, yet there are fundamental differences:
- The perpetrator’s intention distinguishes kidnapping from abduction. Kidnapping is usually done for ransom or injury. Kidnapping is typically done for financial gain or to control the victim or family. However, abduction involves stealing an individual from their legal guardianship. Abduction may be done for reasons other than ransom or damage. A person can abduct a kid if they remove it from their custodial parent without permission or convince them to leave. The breach of legitimate guardianship, not the abductor’s motive, defines abduction.
- Consent distinguishes kidnapping from abduction. Kidnapping involves forced or absent consent. Forced consent compromises the victim’s free will. Kidnapping requires the absence of consent. The victim’s autonomy is violated by unlawful restraint and confinement. However, abduction can occur without consent. Abduction is illegally removing an individual from their guardianship. If the victim is under 18 or unable to give informed permission, their consent may not be legitimate. Abduction may also occur when someone is taken, even when they give consent.
- Another key difference between kidnapping and abduction is the victim’s age. Kidnappings are age-neutral. Kidnapping occurs when a child, teen, or adult is forcibly restrained and confined against their will for ransom or injury. Crime categorisation does not depend on the victim’s age. In contrast, abduction usually occurs when the victim is underage or unable to agree. Abduction usually protects vulnerable people owing to their youth or incapacity to make decisions. Abduction is taking a person from their legitimate guardians, who are accountable for their care and protection.
