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Difference between Kidnapping from Lawful Guardianship and Abduction

(2) Removal from lawful guardianship is essential.

(3) Use of force or deceit is immaterial.

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(4) Consent of the kidnapped person is no consideration.

(5) No specific intention is required to constitute the offence and kidnapping from lawful guardianship may not involve even going from any place as in the case of kidnapped person willingly overstaying with the kidnapper, e.g.,a minor Hindu wife overstaying with her father, the latter enticing her to keep away from her husband’s guardianship.

(6) Complete offence and not a continuing offence, because the moment a person is deprived of his lawful guardianship it is complete.

(7) Kidnapping is a substantive offence.

Abduction:

(1) Any person may be abducted.

(2) Removal from lawful guardianship is not necessary.

(3) Force or deceit is essential to the commission of the offence.

(4) Consent of person abducted if freely and voluntarily given will excuse.

(5) The intention to compel or induce a person to go from any place is essential to constitute the offence.

(6) A continuing offence.

(7) Abduction is not punishable by itself, but made criminal only when it is done with or the other of the intents specified in Section 364 and the following ones.

The aggravated forms of kidnapping or abduction are as follows:

(1) Kidnapping or abduction in order to murder—Imprisonment for life or rigorous imprisonment upto 10 years and fine (Section 364).

Illustration:

(i) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

(ii) A forcibly takes or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.

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