Define Abduction. How does it differ from Kidnapping?

Question: Define Abduction. How does it differ from Kidnapping? [U.P.C.J. 2003, U.P.H.J.S. 2014, R.J.S. 2014, CGJ 2004]

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Answer

Section 362 deals with Abduction. It states, “Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. This section merely defines the term ‘abduction’.” Therefore, abduction per se is not an offence under the IPC. It is an offence when it is accompanied by certain intent to commit another offence.

The essential ingredients of this section are:

1. forcible compulsion or inducement by deceitful means, and
2. the objects of such compulsion or inducement must be the going of a person from any place

1. Force or Deceitful Means

For conviction under this section, the law requires there must be the use of actual force and not mere threat to show force. But when a victim is threatened with a pistol to make her go along with the accused is said to be abducted under this section. Further, if a person uses deceitful means in an alternative to abduct a person is also said to be an offence under this section.

2. To go From a Place

In the offence of Abduction, the movement of a person being abducted is necessary. Abduction is a continuing offence and requires not only moving the victim from one place but also the one being moved from one place to another. If a kidnapped victim escapes the kidnappers and when found a police constable, he instead of helping her, keeps her with him until he receives money from her mother to hand her over. This act too was said to be abduction as defined under this section.

The key differences between kidnapping and abduction as offences are listed below:

1. Provision: Kidnapping is classified in Section 359 into two categories and is defined in Section 360 and 361 which relates to Kidnapping from India and Kidnapping from Lawful Guardianship. Definition to the offence of Abduction is given under Section 362 of the Indian Penal Code.
2. Age: The offence of kidnapping relates to taking away of minors and people of unsound minds. The offence of Abduction is in respect of all persons.
3. Means Employed: Kidnapping is an offence that involves taking away or enticing a person. Abduction involves taking away a person by fraud or by force.
4. Intention: Intention of the person is of no significance. Once it is established that taking away either outside India or outside the lawful guardianship is present, it amounts to kidnapping. Intention plays a major role in the offence of abduction. A person is punishable only if abduction is done with ill intent or criminal intent.
5. Nature of Offence: Kidnapping is a substantial offence and is punishable under Section 363 of the Indian Penal Code. Abduction is merely an auxiliary act and is not punishable unless it is done with criminal intent.
6. Consent: Consent of the person who is taken outside the custody of a lawful guardian is immaterial. Consent given by the person who is taken takes the act out of the purview of abduction
7. Offence: Once a person is taken out of the country or outside the custody of a lawful guardian, the offence of kidnapping is complete. The offence of abduction involves forcibly or fraudulently taking of a person from one place to another, hence it is a continuing offence.

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