Law of Crimes – Kidnapping & Abduction

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Kidnapping

Kidnapping is of two kinds –

  1. Kidnapping from India

  2. Kidnapping from lawful guardianship.


Kidnapping from India means –

  • Conveying any person

  • Beyond the limits of India

  • Without the consent of that person or a person legally authorised to consent on his behalf.

Kidnapping from lawful guardianship means

  • Taking or enticing

  • Any minor

    • Male under 16 years

    • Female under 18 years or

    • Any person of unsound mind

  • Out of the keeping of Lawful guardian

  • Without the consent of a lawful guardian.

Illustration

A (unrelated to G) offers G (a minor) a chocolate to enter her car. G enters her car. A has kidnapped G.

The offence of kidnapping is one against guardianship and is committed as soon as the minor is taken out of lawful guardianship. Further, it is no defence that the accused did not know the victim to be minor or that he honestly believed the victim to be major. This is because the offence of kidnapping is a strict liability offence and is punishable sans mens rea.


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Abduction

  • A person is said to abduct another if he by –

    • Force compels, or

    • Any deceitful means induces

  • Any person to go from any place

Abduction is thus fraudulent or forceful removal from a place. And, the offence may be committed against person of any age. Abduction, in its nature, is a continuing offence.

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