Kidnapping and Abduction under Indian Penal Code | Law Optional Notes for UPSC PDF Download

Introduction

The category of offences related to kidnapping and abduction is dealt with under the head of "Of Kidnapping, Abduction, Slavery, and Forced Labour" in the Indian Penal Code, 1860. While the terms "kidnapping" and "abduction" are sometimes used interchangeably, the legal code distinctly addresses each.

Kidnapping

• The term "kidnapping" originates from "kid" meaning child and "napping" meaning to steal, essentially translating to "child stealing." In the legal context, kidnapping extends beyond child stealing and refers to the act of carrying away a person against their consent or the consent of an authorized person.
• Kidnapping as per Section 359: Section 359 of the Indian Penal Code defines kidnapping as "Kidnapping from India" or "Kidnapping from Lawful Guardianship." It encompasses taking a person beyond India's borders without their consent. 

Essential Elements of Kidnapping

• Taking or Enticing: Involves causing a person to go or escorting them without consent. It includes inducing a minor to go willingly with the kidnapper.
• Out of Keeping of Lawful Guardian: The minor must be taken out of the protection or care of their guardian.
• Without Consent of Guardian: The guardian's consent is crucial as the child is considered incapable of giving valid consent.
• Punishment for Kidnapping: Section 363 of the IPC prescribes a term of imprisonment up to seven years for kidnapping, along with a fine. It is not a continuing offence and is completed once the person is removed from lawful guardianship.

Ten Conditions of Kidnapping in IPC

• Kidnapping a minor for purposes of begging
• Kidnapping in order to murder
• Kidnapping for ransom
• Kidnapping with the intent to secretly and wrongfully confine a person
• Kidnapping a woman to compel her into marriage
• Procuration of a minor girl
• The importation of a girl from a foreign country
• Kidnapping to subject a person to grievous harm, including slavery
• Kidnapping a child under 10 years old
• Stealing or buying a minor for the purpose of prostitution

This legislation under the Indian Penal Code comprehensively addresses various forms and intentions of kidnapping, aiming to prevent and punish such criminal acts.

Abduction

• Abduction, commonly understood as the act of taking a person away by fraud or force, differs in terminology between the United Kingdom and India.
• In the legal context, 'force' in abduction cases refers to actual physical force rather than just the threat of force.
• Deceitful actions encompass a wide range of behaviors, including luring someone away under false pretenses or through misrepresentation.
• Abduction, as defined in Section 362 of the Indian Penal Code, involves compelling or inducing a person to leave a place by force.

Legal Interpretations and Examples

• In the case of Allu vs Emperor, forcibly taking a woman against her will, even with the intention of reuniting her with her husband, constitutes abduction.
• R. vs Cort exemplifies that deceitful practices, such as persuading a girl to leave her guardian's home under false pretenses, fall under the scope of abduction.
• Bahadur Ali v King Emperor illustrates a scenario where misrepresentation, like pretending to be a police constable, can lead to charges of abduction.

Key Points on Abduction

• Abduction charges are not contingent on the age of the victim; anyone compelled or induced to leave a place can be charged.
• The consent of the abducted person can absolve the accused of the charges in abduction cases.
• Intent plays a crucial role in determining the guilt of the accused in abduction cases.
• Abduction, as an auxiliary act, is not punishable on its own and varies in punishment under the Indian Penal Code.
• Abduction involves a continuous process of moving the abducted person from one place to another.

Other Offences Relating to Kidnapping and Abduction

• Section 363A: Involves kidnapping a minor or obtaining custody of a minor unlawfully for the purpose of exploitation, punishable by up to ten years of imprisonment and a fine.
• Section 364: Covers kidnapping or abduction with the intent to murder or endanger the life of the victim, leading to life imprisonment or up to ten years of rigorous imprisonment along with a fine. For instance, if someone kidnaps another person to sacrifice them to an idol, it falls under this section.
• Section 365: Addresses kidnapping or abduction with the aim of wrongfully confining the individual, carrying a penalty of imprisonment for up to seven years and a fine.
• Section 366: Focuses on kidnapping or abducting a woman with the intention of forcing her into marriage against her will or engaging in illicit activities, punishable by imprisonment for up to ten years and a fine. It also covers inducing a woman through criminal intimidation or abuse of authority for illicit activities.
• Section 367: Pertains to kidnapping or abduction with the purpose of subjecting the victim to grievous harm, slavery, unnatural lust, or similar dangers, punishable by imprisonment for up to ten years and a fine.
• Section 368: Deals with the wrongful concealment or confinement of a kidnapped or abducted person, imposing penalties similar to those for kidnapping or abduction with the same intention or purpose.