Difference between Kidnapping from lawful guardianship and

Abduction :-

The differences between the offences of Kidnapping and

abduction are as follows ;-

1) The offence of abduction can be committed with respect to a

person of any age . Likewise , the offence of kidnapping from
India can also be committed with respect to a person of any age.
On the other hand kidnapping from lawful guardianship can only
be committed with respect to a minor under 16 years of age , if
male , and under 18 years of age , if a female . But the offence of
kidnapping from lawful guardianship can be committed with
respect to a person of unsound mind of any age.

2) In case of abduction , the offender must use compulsion ,

force , or deceitful means . But in kidnapping , the minor is
simply taken away or enticed away .

3) In case of abduction or kidnapping from India , if the victim is

capable by law of giving consent , the offence is not committed .
But in case of kidnapping from lawful guardianship giving
consent by the victim is immaterial or inoperative.
4) In case of kidnapping from lawful guardianship , the person
kidnapped must be removed out of the custody of a lawful
guardian . A person without a guardian can not be kidnapped .
But abduction has reference exclusively to the person abducted.

5) Abduction is an auxiliary act , not punishable by itself , but

made criminal only when it is committed with one or other
intents mentioned in section 364 onwards of IPC . But
kidnapping is a substantive offence , either from India or from
lawful guardianship.

6) Kidnapping from lawful guardianship can not be abetted , but

if there is a conspiracy , conviction for abetment can be
sustained. But abduction or kidnapping from India can be
abetted.

7) In case of kidnapping , intention of the offender is wholly

irrelevant . But in case of abduction intention of the offender is
an important factor.
The literal meaning of Kidnapping is stealing of a child. Two types of kidnapping is
recognised by Indian Penal Code. One is kidnapping from India and the other is kidnapping
from lawful guardianship.
Abduction is the offence where a person compels by force or any deceitful means and
induces the other to go from any place.
There are aggravated forms for both Kidnapping and Abduction.
The main distinctions are as follows:

Kidnapping is itself an offence. Abduction is not itself an offence. It is offence when

committed to help other crimes.

Kidnapping is not a continuing offence. Abduction is a continuing offence.

There are two types of Kidnapping. Abduction has no different types.

Kidnapping can be committed in respect of minors in case of lawful guardianship.

Abduction has no such division. It can be committed against any person.

The element of force is not expressly present in the offence of kidnapping. In

abduction force, deceitful means etc are used.

The offence of Kidnapping is done without consent. In abduction there is no express

presence of the element of consent. If there is express free consent, there is no
abduction.