Section 359, I.P.C. :

1) kidnapping from India, and
2) kidnapping from lawful guardianship.

Section 362 of Indian Penal Code defines, Abduction:  “Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.


There are two types of kidnapping
1) kidnapping from India
2) kidnapping from lawful guardianship

It is only of one kind


It is committed against minor (below 16 years of age if male and below 18 years of age if female) and person of unsound mind of any age.

Anybody can be abducted


Intention of the accused is immaterial

Intention of accused is very important


In kidnapping consent of the person is immaterial

In case of abduction, consent of person abducted is very much materialistic and is good evidence.


Kidnapping is not continuing offence. The offence is complete when the person is removed from lawful guardianship  

Abduction is a continuing process in which a person kidnapped moves from place to place.


 Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Abduction itself is not punishable, but it is made criminal offence only when it is committed with one or other intents specified in Sections 363A, 364, 364A to 369 of the Indian Penal Code  


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