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    Difference Between Kidnapping From Lawful Guardianship and

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    Janhvi Prakash
    The document discusses the differences between kidnapping and abduction under Indian law. There are two types of kidnapping recognized - kidnapping from India and kidnapping from lawful guardianship. Abduction involves compelling someone to go from a place using force or deceit. Some key differences are that kidnapping is a substantive offense, while abduction is only criminal when helping other crimes. Kidnapping does not require the use of force expressly, while abduction involves using force, deceit or other means. Consent is also treated differently between the offenses.

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    Difference Between Kidnapping From Lawful Guardianship and

    Uploaded by

    Janhvi Prakash
    207 views3 pages
    The document discusses the differences between kidnapping and abduction under Indian law. There are two types of kidnapping recognized - kidnapping from India and kidnapping from lawful guardianship. Abduction involves compelling someone to go from a place using force or deceit. Some key differences are that kidnapping is a substantive offense, while abduction is only criminal when helping other crimes. Kidnapping does not require the use of force expressly, while abduction involves using force, deceit or other means. Consent is also treated differently between the offenses.

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    Difference Between Kidnapping From Lawful Guardianship And

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    The document discusses the differences between kidnapping and abduction under Indian law. There are two types of kidnapping recognized - kidnapping from India and kidnapping from lawful guardianship. Abduction involves compelling someone to go from a place using force or deceit. Some key differences are that kidnapping is a substantive offense, while abduction is only criminal when helping other crimes. Kidnapping does not require the use of force expressly, while abduction involves using force, deceit or other means. Consent is also treated differently between the offenses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    207 views3 pages

    Difference Between Kidnapping From Lawful Guardianship and

    Uploaded by

    Janhvi Prakash
    The document discusses the differences between kidnapping and abduction under Indian law. There are two types of kidnapping recognized - kidnapping from India and kidnapping from lawful guardianship. Abduction involves compelling someone to go from a place using force or deceit. Some key differences are that kidnapping is a substantive offense, while abduction is only criminal when helping other crimes. Kidnapping does not require the use of force expressly, while abduction involves using force, deceit or other means. Consent is also treated differently between the offenses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The passage discusses the differences between kidnapping and abduction under Indian law. Kidnapping involves taking a minor away without consent, while abduction uses force or deceit to compel someone to move. There are two types of kidnapping and several legal distinctions between the offenses.

    Kidnapping itself is an offense, while abduction requires an additional criminal intent. Kidnapping does not require ongoing action, but abduction is a continuing offense. Kidnapping can involve minors, while abduction applies to any person.

    The two types of kidnapping are kidnapping from India and kidnapping from lawful guardianship. Kidnapping from lawful guardianship only applies to minors, while kidnapping from India can be committed against any person.

    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.

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