Good morning my name is Aastha Sharad Shrivastava and I'm here to give my

presentation on the topic of kidnapping and abduction

The criminal acts of kidnapping and abduction are serious offences that involve
the unlawful detention or restraint of an individual against their will. These acts
not only violate an individual’s personal liberty but also instill fear and

insecurity within society. Meaning of kidnapping in the local language

includes abduction as a synonym but as we will see further how they are
different from each other.
The Indian Penal Code (IPC) provides specific provisions to address these
heinous crimes, outlining their definitions and legal consequences. The
provisions of kidnapping and abduction are dealt under chapter 16 i.e. offences
affecting human body from sec 359 to sec 369 of the Indian penal code.
Kidnapping
Meaning
The word ‘Kidnapping’ has been derived from the word ‘Kid’ meaning ‘Child’
and ‘napping’ to ‘steal’. Thus kidnapping literally means child stealing.
Kidnapping is a grave criminal offence that entails the intentional act of forcibly
transporting or confining an individual, often with the intention of extracting
ransom or causing harm.
Section 359 of I.P.C. enlists two kinds of kidnapping:
1. Kidnapping from India (Section 360, IPC), and
2. Kidnapping from lawful guardianship. (Section 361, IPC)
Kidnapping from India
Section 360 explains kidnapping from India. According to section 360, if any
person takes a person beyond the limits of India against the consent of that
person or against the consent of someone who is legally entitled to give consent
on that person’s behalf, then the offence of kidnapping from India is committed.
Essential element
1. Conveying any person beyond the limits of any India.
2. Without the consent of the person or of some person who is legally authorised
to give consent.
Even when the persons are conveyed, by misrepresentation it is said that they
are conveyed without consent. In Re Peria Swami Kangani AIR 1910, where
the person took a woman saying that they would marry her to his son, in Ceylon
but made her work as collies for tea estate, it is said that there is no consent and
he was held liable for kidnapping.
Kidnapping from lawful guardian
Section 361 explains kidnapping from lawful guardianship. According to this
section, if a person takes away or entices a minor (i.e, a boy under the age of 16
years and a girl under the age of 18 years) or a person of unsound mind, away
from his/her lawful guardian without the guardian’s consent, then that person
commits the offence of kidnapping from lawful guardianship.
The offence under this section may be committed in respect of either a minor or
a person of unsound mind. To kidnap a grown-up person of sound mind,
therefore, would not amount to an offence under section 361.
Essential Ingredients:
1. “Taking or enticing.”
Taking: Implies a physical taking. It does not imply that for such taking
there should be some use of force or fraud. Taking simply means to cause to
go or to escort or to get into possession.
Enticing: It involves an idea of allurement, inducement etc. giving rise to
hope or desire in the mind of the minor. Expectations are aroused in the
mind of the child. When a man gives chocolate regularly to a child, and
after days, if the child on itself goes to a man, then it is called enticing.
In S Varadarajan v State of Madras AIR 1965 , a girl who was on the
verge of attaining majority, voluntarily left her father's house, arranged to
meet the accused at a certain place and went to the sub-registrar's office,
where the accused and the girl registered an agreement o marry. There was
no evidence whatsoever that the accused had 'taken' her out of the lawful
guardianship of her parents, as there was no active part played by the
accused to persuade her to leave the house. It was held that no offence under
this section was made out.
2. Minor or person of unsound mind.
Minor: For the purpose of this offence the age of minors in respect to a male
and female varies, for male the age is 16 years and for female the age is 18
years.
 Unsound mind: People of unsound mind are the people who need the
protection of law and guardians throughout their life irrespective of their
age. For the purpose of this section, the unsoundness of the minds should be
permanent, and not temporary.
In R.V. Prince (1857), L.R. – The accused had a bona fide belief that the
girl was not a minor, but the girl being a minor, the accused was held to
have kidnapped the girl. In case the birth certificates of a girl prove that she
is a major but, later on the parents prove it that the certificate was fake and
she was actually a minor, the person taking such a girl would be held liable
for kidnapping.
3. “Out of the keeping of lawful guardianship.”
The meaning of the words 'keeping of the lawful guardian' came up for
consideration before the Supreme Court in State of Haryana v Raja Ram
AIR 1973 here the court held that keeping means that minor or unsound
person is under the control or protection of lawful guardian. This continues
even when the person moves out of home temporarily.
The term used in the IPC is 'lawful guardian' and not 'legal guardian'. The
expression 'lawful guardian' is a much more wider and general term than the
expression 'legal guardian'
4. “Without his consent.” (Consent of the guardian)
The consent of the minor or person of unsound mind is immaterial. Consent
of the guardian should be free and voluntary consent obtained through fraud
is no consent. Case: R.V. Williams (1923 K.B. 340) – The consent should
be before the taking or enticing occurs and not ex post facto i.e. afterwards.

Punishment for Kidnapping

Section 363 of the Indian Penal Code lays down the punishment for both
kinds of kidnapping (Kidnapping from India and Kidnapping from lawful
guardianship).
The punishment prescribed in this section is :
 Imprisonment of either description which can extend up to seven years,
and
 Fine.

Exception of kidnapping
Chandrakala v Vipin Menon , 13 the Supreme Court declined to convict the
father, who was accused of kid-napping his minor daughter who was living with
her maternal grandfather due to strained relationship between her parents, on the
ground that the accused was the natural guardian of the child.
Abduction
Section 362 of IPC defines Abduction. The literal meaning of abduction is to
carry away a person by the use of force or through fraudulent means. Section
362 of IPC states that abduction is when a person with some deceitful or
malicious intention forces or induces another person to move from any place.
Abduction in itself is not a crime when it is in its pure and simple state,
however, when abduction is accompanied with an intention to commit
another offence it becomes punishable under this section.
Abduction per se as defined under section 362 of I.P.C. is not an offence and
hence is not punishable. Only if abduction falls in the categories provided
under sections 364, 365, 366, 367 and 369, will it amount to an offence.
Thus, abduction is an offence only if it is done with intent to:
(a) Murder (section 364)
(b) Secretly and wrongfully confine person (section 365)
(c) Induce woman to compel her marriage (section 366)
(d) Subject person to grievous hurt, slavery etc. (section 367)
(e) Steal from a person under 10 years (section 369).
Essential requirements:
1. By force – The term “force” as embodied in section 362, I.P.C. means the
use of actual force and not merely show of force or threat of force. As
held in Gurcharan Singh vs. State of Haryana AIR 1972 SC, where an
accused threatened the victim with a pistol to go with him, it would
amount to abduction under this section.
2. Deceitful Means -The word deceit implies that there was a false
representation made by one person towards another because of which that
person left the place. In the case of R v. Cort(2004), it was held that if
the consent of a person is obtained by means of fraud, misrepresentation,
or compulsion then such consent will not be a valid one and the person
will not be able to get exempted from the liability of abduction.
3. To Go from Any Place
 the act must compel the person to move from one place to another. It does
not necessarily be from the custody of the lawful guardianship. In the case
of Bahadur Ali v. King Emperor AIR1923, a girl was kidnapped, although
she tried to escape from that place, on the way she met the accused who
made misrepresented her by saying that he is a police constable. The
accused then fraudulently took her to his house and then demanded 600
Rupees from her mother. The court held the accused guilty of abduction and
punished him.
Aggravated forms of Kidnapping and Abduction
1. Section 363A : kidnapping a minor for begging makes Kidnapping for
begging a punishable offence. Inserted in 1959
2. Section 364: kidnapping and abduction in order to murder provides
that where the kidnapping or abduction takes place with the object of
murder, the accused shall be punished with imprisonment up to 10 years
and fine.
Case Sacha Singh vs State of Punjab [abductor charged for murder]
4. Section 364A makes those persons punishable who kidnaps and detains a
person in order to cause death or grievous hurt to that person
Punishment death penalty life imprisonment fine
Case akram khan vs state of west Bengal
4. Section 365 of IPC provides that kidnapping and abduction of a person
with the intention of secretly confining him and not letting him live freely
are punishable with imprisonment up to 7 years and fine.
5. Section 366 of IPC makes a person punishable who kidnaps or abducts a
woman with the intention of forcing her and compelling her to marry
him.
6. Section 367 of IPC punishes those persons who kidnap or abducts
someone with the intention of inflicting hurt to him or to subject that person
to slavery.
7. Section 368 of IPC punishes the offenders who conceal or keep a person
in confinement after kidnapping or abducting him
8. Section 369 of IPC punishes the offenders who are involved in the
kidnapping and abduction of a child (under the age of 10) in order to ask for
money and steal the property of that child. The punishment awarded in this
section extends to the imprisonment of seven years and fine.
Conclusion
Kidnapping and abduction are dangerous acts which harm the freedom of a
person. Section 359 to 369 go a long way in securing the liberty of people.
They give protection to children against kidnapping and abduction.
Moreover, they reinforce the rights of guardians to have control over the
children who are easily moved and convinced by the words of conspiring
adults. The number of abduction and kidnapping cases is enormous and is
only increasing. There is a dire need to prevent these horrendous crimes and
stop the culture of kidnapping and abduction from spreading, especially
when it is done for marriages, forced sexual intercourses and forced begar
etc.
To overcome these offences, not only do the states need to work together but
also a co-task among nations need to be cultivated. What is required to
prevent these offences is hand in hand working of non-governmental
organisations and government bodies, and more sensitisation.
BASIS KIDNAPPING ABDUCTION

For the offence of Kidnapping, section 361 of For the offence of Abduction, there is no provision
IPC lays down that the age of the aggrieved of age. Any person who by force and deceit
Age of the person should be below 16 in case of males and compelled another person to move from one place
Aggrieved Party below 18 in case of females. to another becomes liable for abduction

Removal from
lawful During the offence of Kidnapping the aggrieved In abduction, there is no concept of lawful
Guardianship is removed from his/her lawful guardianship. guardianship.

In kidnapping, a person is taken away or is

enticed from his/her lawful guardian. There is no In abduction, certain improper means like force,
Means such means of taking in Kidnapping. fraud, deceit comes into play.

For abduction, consent plays a vital role, if there is

For kidnapping, the consent of the person who is a presence of express and voluntary consent of the
kidnapped is not necessary, it is only the consent abducted person then such an act will not be a
Consent of the lawful guardian that matters. punishable offence.

In kidnapping, the intention of the person In abduction, the intention of the accused plays a
Intention of the committing the offence is immaterial and very vital role in order to ascertain whether he is
Accused irrelevant. guilty or not.

Kidnapping completes as soon as the minor or the

person who is of unsound mind is removed from Abduction continues from the time the person is
Continuity of the the custody of his/her lawful guardian. Hence, it removed till the time he is sent to another place.
Crime is not a continuing offence. Hence, it is a continuing offence