Kidnapping & Abduction under IPC

Forcible confinement or detention of an individual against their will constitutes kidnapping and abduction, which are considered serious crimes. These actions not only violate an individual's right to personal freedom but also make others uncomfortable and anxious in general.

Sections 359–374 of the Indian Penal Code, 1860 (IPC) address kidnapping and abduction. Kidnapping is the unlawful removal of a person via force or deception, whereas abduction is the unlawful removal of a person with the goal of covertly and wrongfully detaining that person.

The descriptions and legal ramifications of these horrible crimes are outlined in the Indian Penal Code (IPC), which contains special provisions addressing them. This essay seeks to clarify the differences between kidnapping and abduction as defined by the Indian Penal Code, providing examples from actual cases to highlight the relevant sections. We can have a thorough grasp of the legal ramifications of these illegal acts and the necessity of their severe deterrent by comprehending these distinctions.

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This Story also Contains

1. Kidnapping Under IPC
2. Types of Kidnapping
3. The Meaning of Taking or Enticing
4. Punishment for Kidnapping
5. Case Laws on Kidnapping
6. Abduction Under IPC
7. Essential Ingredients of Abduction
8. Punishments for Abduction
9. Case Laws on Abduction
10. Difference Between Kidnapping and Abduction
11. Conclusion

Kidnapping Under IPC

Kidnapping is the act of taking someone against their will using coercion, threats, or deception. Typically, kidnappings are carried out for political, other, or financial gain, or to obtain a ransom. Section 359 of the IPC defines kidnapping and places it into two categories. Sections 360 and 361 of the IPC provide more definitions. We ought to understand these regions more fully.

The phrases "kid" and "napping," which allude to theft, are the origins of the word "kidnapping." That being said, the word means "child stealing." The abduction rule does not only apply to acts of child snatching. The taking of a human being against that person's will or with the consent of a legal representative acting on that person's behalf is now included in its enlarged definition.

Types of Kidnapping

According to Section 359 of the IPC, abduction can be classified into two categories:

Kidnapping from India

Section 360 explains the kidnapping from India. Section 360 states that a person has committed the crime of kidnapping from India if they remove someone outside of India's borders without that person's consent or the approval of someone who is legally permitted to grant consent for that person's benefit.

Essentials Ingredients under this Section-

Conveyance of a Person-

To convey is to move something from one location to another. The process of conveyance, or carrying, never stops until the objective is reached. Any offence covered by this section must have a foreign country as its destination

Beyond India’s Limits-

This wording in the provision makes it clear that an offence under it has to occur in a foreign country.

Without Person’s Consent-

True permission is not something that is granted when one is misinformed about the facts

Kidnapping from Lawful Guardian

The abduction from lawful guardianship is explained in Section 361 of the IPC. Anyone who kidnaps a minor or an individual from lawful guardianship is defined as someone who takes the minor a male or female under sixteen years old, a female under eighteen, or an individual of unsound mind out of the custody of their legitimate guardian without the guardian's consent.

This part aims to protect the rights of parents and guardians who are legally able to provide care or custody of minors or mentally ill people. It also aims to stop innocent youngsters from being abducted or lured into illegal activities.

This section also mentions one exception. It says that a person is not criminally responsible for kidnapping someone from an authorized guardianship provided they believe this in good faith, that is, honestly and rationally.

• He has a right to legal custody of the child or

• he is the father of an illegitimate child.

Essential ingredients under this Section-

• removing or seducing a child or someone who is mentally ill.

• The minor in question needs to be under sixteen years old for males, or under eighteen years old for females.

• The person tempting or taking away from the minor or person of unsound mind must not be under the legal guardianship of that individual.

• Such enticement must take place without the consent of the legal guardian.

The Meaning of Taking or Enticing

The meaning of the phrases "taking" or "enticing" employed in section 361 has been the subject of much debate in Indian courts. Although it is required to demonstrate that the offence was either taken or enticed to be committed, the phrases differ greatly in their literal and legal meaning. 'Taking' does not imply force on the side of the kidnapper and instead implies "to cause to go" or "to escort". In reality, the kidnapper may have the minor's (or unsound person's) assent while nevertheless "taking" him/her from the custody of his/her legitimate guardian. Even with the minor's or unsound person's assent, the kidnapper may "take" them away from their authorised guardians. In S. Varadarajan v. State of Madras, the meaning of the term "Taking" was extensively explored.

Punishment for Kidnapping

According to section 363 of the Indian Penal Code, a person who kidnaps someone from India or who is in legal custody gets a fine and a maximum sentence of seven years in prison.

Case Laws on Kidnapping

In the case of, S. Vardarajan v. State of Madras

Facts of the Case: In this case, A young lady was attending a college and living with her father. She had grown close to the appellant, whom she wished to wed. Her father, however, disapproved of it and brought her to a relative's home, where he left her for a while to keep her as far away from the accused as possible. She did, however, call the appellant the next day and request a meeting. Following that, they went to register their marriage contract at the registrar's office. The appellant was found guilty under Section 363, and the High Court denied his appeal. The matter was heard by the Supreme Court.

Issues Raised: Is it true that the accused "took" her away from the care of her guardian?

Judgement Delivered: Because there was no proof that the appellant had asked her to leave the house, the court found the appellant not guilty. Since the appellant had never used coercion, she had decided to marry him on her own. She was close to reaching the majority. She could therefore think for herself.

Abduction Under IPC

In layman's terms, abduction refers to taking someone away by trickery or coercion. While kidnapping is used for both adults and minors in the United Kingdom, it is utilized for adults and minors in India. The Indian Penal Code, Section 362: Abduction Anybody who coerces someone to leave a location by force or through any other dishonest methods is considered to have abducted that individual.

According to the definition, "force" refers to actual force rather than just the threat or display of force. Even if the goal was to return an adult lady to her husband, it would still be illegal to carry her against her consent. [Allu v. Emperor, Lah 512, AIR 1925]

Essential Ingredients of Abduction

Use of Force or any Deciteful means

Force or dishonest measures should be used to coerce or induce the victim to carry out the abduction. The term "force" refers to the use of force to commit abduction or the acquisition of consent by force. Conversely, any false statement falls within the definition of dishonest. The decisive factor in an offence is the offender's purpose.

Taking a Person from One Place to Another

The abducted person must move for the crime of abduction to be committed, and they must do so by using force or any other dishonest means. For instance, if A goes into a girl B's home and lifts her in an attempt to carry her away, but A drops her and flees when B raises an alarm, A will not be held responsible for the abduction but will be held accountable for the attempt.

Punishments for Abduction

If abduction is not done with the specific aim stated in Section 364–366, it is considered an accessory act and is not criminalized. Therefore, there must be a specific reason for punishing the accused. In it, abduction is merely an incidental act and is not criminal. Because of this, there is no universal punishment for kidnapping in the Indian Penal Code. Nonetheless, the following sanctions apply to specific types of kidnapping:

• Section: Kidnapping to wrongfully imprison someone section, penalty

• Abduction with the Intent to Murder; Penalties of Ten Years + Penalty fines of at least seven years

• Section: kidnapping to force a woman into marriage; ten years in prison and a fine

• Section 10: Kidnapping with intent to cause significant harm carries a 10-year prison sentence with a fine.

• Kidnapping a child under ten to steal from someone's home can result in a sentence of seven years or more in fines.

Case Laws on Abduction

In the case of, Gurucharan Singh v. State of Haryana

In this case, The accused had threatened the victim by hiding his handgun beneath it. After that, the accused led her out to the fields outside the settlement. The court noted that the accused in this case had used excessive force, which can result in kidnapping.

In the case of, Bahadur Ali v. King Emperor

In this case, The accused misrepresented the girl by claiming to be a police policeman, even though the girl tried to flee the spot where she had been abducted. After deceitfully bringing her to his home, the accused sought 600 Rupees from her mother. The accused was found guilty of kidnapping by the court and given punishment.

Difference Between Kidnapping and Abduction

Conclusion

Kidnapping and abduction are both crimes against the body. In an offence or kidnap and abduction forceful confinement of a person without their consent. Section 359 of the Indian Penal Code 1860 deals with the offence of Kidnapping. In kidnapping the act of taking someone against their will using coercion, threats, or deception. Typically, kidnappings are carried out for political, other, or financial gain, or to obtain a ransom. Section 362 of IPC deals with abduction. An offence of Abduction refers to taking someone away by trickery or coercion.