No.
|
Kidnapping
|
Abduction
|
1
|
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.
|
2
|
There are two types of kidnapping
1) kidnapping from India
2) kidnapping from lawful guardianship
|
It is only of one kind
|
3
|
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
|
4
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Intention of the accused is immaterial
|
Intention of accused is very important
|
5
|
In kidnapping consent of the person is immaterial
|
In case of abduction, consent of person abducted is very much materialistic
and is good evidence.
|
6
|
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.
|
7
|
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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thanks sir its help me lot
ReplyDeletethanks sir its help me lot
ReplyDeleteHi
ReplyDeleteVery beneficial notes for judicial services also
ReplyDelete