Distinction between Kidnapping from Lawful Guardianship and Abduction

2. Kidnapping is committed only in respect of minors (below 16 years in case of boys and below 18 years in case of girls) and of unsound mind persons.

3. Kidnapping, except kidnapping from India, is an offence against guardianship. In it, the person kidnapped is removed from lawful guardianship. A child without a guardian cannot be kidnapped.

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4. Kidnapping consists of enticing or removing a girl from the keeping of the lawful guardian. The person is simply taken away. Generally force is not applied.

5. In kidnapping, consent of the person kidnapped is immaterial. If the minor gives its consent, it does not acquit the accused from charges.

6. Kidnapping is punishable per se in terms of sec. 363.

7. In kidnapping, the intent of the accused is irrelevant.

8. Kidnapping from guardianship is not a continuing offence for as soon as the minor is removed from his or her guardianship, the offence is completed, and becomes a substantive offence.

Abduction

1. Abduction is defined in Sec. 362.

2. Abduction is committed in respect of any person.

3. Abduction refers exclusively to the person abducted.

4. In abduction force or deceitful means are used.

5. In abduction, consent of the person abducted is material. If the abducted person consents, it becomes a good defence to the accused.

6. Abduction is not punishable per se, and is punishable only when accompanied by a particular purpose as contemplated in Ss. 364 to 366.

7. In abduction, intent of the accused is all important factors.

8. In abduction, the person is being abducted not only when he is first taken from any place, but also when he is removed from one place to another.

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