KIDNAPPING – Under Section 359 of the Indian Penal Code, Kidnapping occurs when a person is forcibly taken or enticed away from their lawful guardianship. This crime carries severe punishments to protect the well-being and safety of individuals under Section 363.The act of Kidnapping, which involves taking a person from India or from their lawful guardianship without consent, is punishable by imprisonment for a maximum term of seven years. Additionally, the individual found guilty may also be liable to pay a fine.Kidnapping can take various forms, such as Abduction for Ransom, Illegal adoption, or Human Trafficking. Section 363A specifically addresses Kidnapping or maiming a minor for the purpose of begging. Such acts are deemed as heinous offenses and are met with stringent punishment.
ABDUCTION – It refers to the illegal act of forcefully taking someone away against their will. According to Section 362 of the Indian Penal Code, Abduction is defined as unlawfully compelling a person to go from any place. The punishment for Abduction varies based on factors like the age of the victim, intent, or purpose. These punishments can range from imprisonment to fines or both. Abduction can take various forms such as Kidnapping a child for ransom, trafficking girls for forced marriage, or even forcing someone to marry against their will. Each form has its own legal implications, ensuring that justice is served in any given situation.
DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION UNDER INDIAN PENAL CODE –
In the Indian Penal Code, Kidnapping and Abduction are distinct offenses with unique characteristics.
- Kidnapping refers to the act of forcefully or fraudulently taking away or confining a person against their will. It involves an intention to hold the person for ransom, to cause harm, or to commit a crime. Kidnapping is a more serious offense, often involving the use of force or deception.
- On the other hand, Abduction, is the act of persuading, inducing, or taking away a person with the intention of forcing them into marriage, illicit intercourse, or any other unlawful purpose. Unlike Kidnapping, Abduction does not necessarily involve the use of force or the intention to harm the person being abducted.
The Indian Penal Code defines different types of Kidnapping and Abduction, each carrying its own punishment based on the severity of the offense. These offenses not only violate an individual’s personal liberty but also cause immense emotional and psychological harm. The law aims to protect individuals from these heinous acts and provides legal remedies for victims.
