abduction-types, case laws-lawnn.com
abduction-types, case laws-lawnn.com

Abduction: Types And Important Case Laws- Indian Penal Code, 1860

 

 

 SYNOPSIS

  1. What is abduction?
  2. Illustration of abduction
  3. Child Abduction
  4. Other Types of Abduction
  5. Difference between Abduction and kidnapping
  6. Case laws
  7. Conclusion

FOR LAW STUDENTS: REPEATED EXAM QUESTIONS RELATING TO ABDUCTION! 

  1. Define abduction with examples?
  2. What is the difference between abduction and kidnapping?
  3. What are the types of abduction?

 

Introduction

An Abduction is an offense in which a person is forcibly taken away and moved from one place to another against his/her will. Using of force in action is the main essential of abduction.

Types of abductions vary, out of which child abduction is primary.

 

What is abduction?

Abduction is defined in section 362 of Indian Penal Code, 1860. It states that who so ever forcefully compels or by any deceitful means induces any person to move from one place to another, is said to have committed the crime of abduction.

Abduction is not a substantive offense by an auxiliary act which is not punishable by itself but has been made criminal in nature when it is done with the following intentions:-

  1. Forcefully Compelling or inducing by deceitful means:-

In an abduction, a person is forcefully compelled to go from one place to another.

The actual use of force is a must and not just showing a threat, only then it will amount to an abduction.

There should be either use of force or use of fraud on the person who has been inducted.

 

  1. Going of a person from any place:-

When there is an application of force or fraud or any deceitful means which is used to compel a person to go from one place to another amounts to an offense under this section.

For Example- If a woman is being carried away by using force from one place to another against her will, it will amount to abduction even if she is been carried away to be restored back home.

 

  1. Continuation of Offence:-

Abduction is said to be a continuing offense and not only the person who first moved the abductee from one place to another. Every person involved in the whole process of abduction will also be equally liable.

Illustrations of Abduction

  1. A without the knowledge of the guardian is takes away B, a 16-year-old girl from her house upon her request. He restored her after one week of time. Under this case A will be held liable for kidnapping under Section 361 of Indian Penal Code Because the girl was a minor when the offense took place and was deprived of her lawful guardianship.
  2. A is a minor wife of B. C takes her forcibly without the knowledge of B and also keeps her in his house for a period of two months, where she runs away with X to Agra who is C’s neighbor and both of them were arrested on a report of B. In this case, C is liable for the offence of abduction and X will be liable if he had taken A for some illegal purpose .

CHILD ABDUCTION

Child Abduction basically means taking away the child from his/her parents by the way of persuasion but sometimes it can also be through violent means.

Children can be abducted either by strangers or by their own parents. In case of custody battles, child abduction is a very common practice, a parent may take the child to another state so that the child is away from the other parent.

A parent generally abducts a child usually when a divorce is going on or after the divorce has been finalized and child custody orders have been issued.

When the child has willingly left their family it becomes easier for the abductor to abduct the child as children are very vulnerable and don’t know how to survive on their own.

 

Other types of Abduction

  1. Marriage by Abduction :

Marriage by abduction refers to a situation where a bride has been abducted against her parent’s wish and it is not necessary that she wants to marry her abductor. But in some cases, it is also possible that she herself iid interested in marrying the person who has abducted her.

 

  1. Express Kidnapping :

Express kidnapping is a time of abduction where the abductor demands money before he returns the victim to his/her parents or loved ones.

Stranger kidnapping is another form of abduction and is often rare in number where the abductor doesn’t know the victim at all as in most cases of abduction the abductor knows the victim.

Express abduction is generally different from classic abductions as classic abduction basically involves detailed planning rather than being spontaneous in nature.

Moreover, classic abduction is a case where a large amount of money will be demanded and mostly wealthier people will be targeted to get it.

 

DIFFERENCE BETWEEN ABDUCTION AND KIDNAPPING

 

The offenses of abduction and kidnapping are different from each other in the following ways:-

  1. The offense of kidnapping is committed only to those who are minor in age, that is under 16 years for a male and under 18 years for a female if the female is of unsound mind, whereas, An Abduction can be committed upon a person of any age.
  2. Kidnapping basically means that he/she has been taken away from the lawful guardianship. Therefore a child who doesn’t have a guardian can never be kidnapped. Therefore an orphan can also not be kidnapped. Abduction refers to the kidnapping of the person and the person who is abducted need not be in the keeping of anybody.
  3. Kidnapping means simply taking away a minor or a person of unsound mind. Whereas Abduction means that there is a compulsory use of force, fraudulent or deceitful means. Kidnapping can even be innocent.
  4. In case of kidnapping, whether the consent of the person is given or not, is immaterial as they are not competent enough to take decisions but in case of abduction if the person is moved freely voluntarily that ends the offense.
  5. In case of kidnapping the intent of the kidnapper is irrelevant but in case of an abduction, the intent of the abductor is very important to find out whether the abduction has been done by self or it has been done with some intent.
  6. Kidnapping is not a continuing offense as it ends when the minor is deprived of his lawful guardianship. But abduction is a continuing offense till the victim continues to move from one place to another.
  7. Kidnapping is a punishable offense whereas abduction is not a punishable offense.

 

CASE LAWS  

  1. Vinod Chaturvedi v. State of Madhya Pradesh, Ibid

In this case, the appellant had alleged that he had abducted the deceased named Brindaban. During the course of an investigation, it came out that Brindaban was persuaded by the accused and also particularly Vinod who went inside the house and came out properly dressed and accompanied the group to the village Rampura.

So, it was held that Brindaban Was not Abducted by those who were accused.

 

  1. Allu, AIR 1925 L. 512

In this case, the person who was accused came to the rooftop of a house where a woman was sleeping.

They woke up the woman and asked her to accompany them but she refused. So they lifted her up and started carrying her away.

The woman raised an alarm and she was dropped down on the roof and they ran away.

In this case, they won’t be accused of an abduction as she was just lifted, and not forced to move from one place to another.

 

  1. AIR 1952 Raj. 123

In this case, a girl who was 16 years old willingly goes out with the accused person for sexual intercourse and there is no evidence of any use of force or compulsion, so in this case, the accused will not be guilty of an abduction.

 

  1. Fatnaya, (1942) 23 Lah. 470

It was held that where a woman is taken away by use of force against her wishes, it would be considered an abduction even if she was carried away with the object of restoring her to her husband.

  1. Natha Singh (1883)P.R. No. 11 of 1883

It was held that if a married woman by way of her own consent is being abducted in such a case, no one will liable for the offense of abduction.

 

Conclusion  

Abduction is a crime under Indian law that is not punishable so it becomes more important to rightly solve the cases of abduction by giving justice to the person who has been abducted.

 

Photo by Miriam Espacio

 

 

 

 

2 COMMENTS

LEAVE A REPLY

Please enter your comment!
Please enter your name here