Yes, There is difference between Kidnapping and Abduction!

February 11th, 2010 → 7:45 pm @ Nikita Anand

In general spoken and written English we do not usually pay attention to the difference between two similar terms and use them interchangeably. Kidnapping and abduction are such two terms which are are generally used as synonyms but in the eyes of law they have different meanings-

Difference in a nutshell-

Kidnapping- Removing a minor away from lawful custody without the guardian’s consent. The victim has to be a minor. The offence of kidnapping is punishable under Indian Penal Code.

Abduction- Forcefully compelling a person to go from any place deceitfully. The victim could be a major or a minor. In India, under the Indian Penal Code, abduction is not punishable in itself. It must be accompanied with some other listed offences.

(This article is meant only for general understanding and must not be assumed to be precise legal difference between kidnapping and abduction. If you are looking for a detailed difference then please refer to Orissa High Court’s decision in the case of - Abhaya Jena v.State of Orissa, (1997) Crimes 531 (Ori))

For Further Reading:

INDIA still stuck in the TRAFFICK

Article by Nikita Anand

Co-Founder & Editor of MightyLaws.in. She is currently pursuing BA.LLB(Hons) from National Law Institute University, Bhopal. She has a strong belief that increasing legal awareness is the key to ensure social justice and simplification of law is the means to achieve it.

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MightyLaws is not responsible or liable for the views expressed by the authors. The articles are general information and should not be treated as legal advice. Please read the Disclaimer for further clarifications.

30 Comments → “Yes, There is difference between Kidnapping and Abduction!”

Tulika

1 year ago

Mighty. Mystic. Cryptic.

Simplified.
Thanks.

Reply
- Nikita Anand
  
  1 year ago
  
  The first Four words of your comment will make a perfect punch line for mightylaws! And as for the last word I am bound to say – ‘Same to you’.
  
  Reply
Karnik

1 year ago

Cant believe!!are you really a UG student??amazing>>??

Reply
- Nikita Anand
  
  1 year ago
  
  Thank you! That surely encourages me to write even better.
  
  Reply
nausheen

1 year ago

wow dis is so much intresting man,,i m literary dying to get into a law school……………………

Reply
palvinder singh oberoi

1 year ago

if a man persumes that he is a father of a child by way of surrogacy results and keeps the child with him and later on after dna test it comes negative in favour of that man . during the period an fir was registered against him u/s 363,504,506 ipc . will it be the expempted in ipc 361 because that person is persuming that the child is his till the dna result comes and after that the child was given to that lady. kindly advise about ipc 361 ?

Reply
- Nikita Anand
  
  1 year ago
  
  Dear Palvinder,
  Surrogacy laws in India are not very clear till now. But as far as Section 361 is concerned the man may not be held liable under 361. This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
  
  Reply
anand

1 year ago

I have a question that how can a person can differentiate between kidnapping and abduction when the victim is a minor?

Reply
- Nikita Anand
  
  1 year ago
  
  Mr. Anand, Actually Its quite easy-
  As it was put by Prof. G.S. Bajpai once-"The more simple way to differentiating the kidnapping from abduction could be to look at the very term ‘kidnapping’, which not only contains the word ‘kid’ but also has the forceful verb ‘napping’ in it characterizing the act of forceful removal of a child from the lawful custody".
  As for abduction- Anyone can be abducted irrespective of age. It involves the element of deceit.
  
  Reply
Rameez

1 year ago

Great work!Your answers are very easy to understand.I am a student of B.A LL.B 2nd Year.Hope You will help me in future also.

Reply
- Nikita Anand
  
  1 year ago
  
  Sure.. Thank you.
  
  Reply
Ram Advocate

1 year ago

hi,nitika,
this is a great task done by u.I think it is a good job for every one who is search of simple law.

with regards,
Ram

Reply
- Nikita Anand
  
  1 year ago
  
  Dear Sir,
  Your comment means a lot to me.
  
  Reply
  - murugambal
    
    1 year ago
    
    hai nikitha! it is very amazing to make everybody to know law easily. Best Wishes.
    
    Reply
    - Nikita Anand
      
      1 year ago
      
      Thank you Sir!
      
      Reply
anju soni

1 year ago

hey nikita….
even i am agreed with ur differentiation but if u go through the doces….there is nothing mention in section 360 thant kidnapping iws only for minors….it says……kidnapping is taking away a person without his consent…..no age is mentioned there ….this is what i am confuse about……

Reply
usha

11 months ago

the meaning of major and minor is not clear to me…

Reply
- Nikita Anand
  
  11 months ago
  
  A minor is someone below the age of 18. And a major is above 18.
  
  Reply
  - lawmanchandra
    
    10 months ago
    
    “Minor” means- for the purpose of kidnap
    
    (i) In the case of a male, a person under sixteen years of age; and
    
    (ii) In the case of a female, a person under eighteen years of age].
    
    Reply
    - Nikita Anand
      
      10 months ago
      
      Thank you Sir. I am happy that you pointed out the difference. It is a substantial contribution to the post.
      
      Reply
Ashley

10 months ago

I dont understand. How is only abduction deceitful. Isn’t kidnapping deceitful as well?

Reply
- Nikita Anand
  
  10 months ago
  
  Kidnapping has an element of enticement whereas abduction has an element of deceit.
  The dictionary meaning of deceit is- An attempt or disposition to deceive or lead into error; any declaration, artifice, or practice, which misleads another, or causes him to believe what is false; a contrivance to entrap; deception; a wily device; fraud.
  Enticement means- To attract by arousing hope or desire.
  
  So kidnapping may or may not have element of deceit.. If a minor is taken away from lawful guardianship it qualifies as kidnapping. Whereas if a person is taken forcefully or by deceit it is abduction.
  
  Reply
Kishore Sarkar

10 months ago

Don’t you think that prostitution is immoral and unethical..
why not we ask to the govt. and bodies like human rights, women’s commission to provide the prostitutes a respectful way of earning.. Could a well nourished Indian Morality allow it..

Reply
Olates jide

6 months ago

I always believe that a Crime, is a crimes…either Kidnappers or Abduct, both of them are Criminals… with force and thirst Is enforced…BOTH is Unacceptable Arrogance.

Reply
Mrinal Shrivastava

6 months ago

hey nikita, great article. i always thought that the two were same. But now i can realise the difference..

Reply
- Nikita Anand
  
  6 months ago
  
  Thanks It is one of the articles which I wrote in the very beginning. You will realize that my writing style has improved over the time.
  
  Reply
SnehaAgarwal

3 months ago

ABDUCTION IS ALSO A CRIME UNDER IPC SEC 362& IT IS PUNISHABLE

Reply
- Nikita Anand
  
  3 months ago
  
  Its not punishable per se. It has to be accompanied by other offences to make it punishable.
  
  Reply
SnehaAgarwal

3 months ago

IN CASE OF MALE,THE AGE OF MINOR IS 14 IN KIDNAPPING

&IN CASE OF FEMALE,THE AGE IS 16

Reply
- Nikita Anand
  
  3 months ago
  
  Sneha, Thanks for the input.
  
  Reply