JMFC Civil Judge Exam Gujarat – Day-38-Difference between kidnapping from lawful guardianship and abduction?

Difference between kidnapping from lawful guardianship and abduction?

Kidnapping

1. This offence can be committed with any minor under 16 year of age if a male or under 18 year of age if a female or any person of unsound mind.
2. For kidnapping taking away or enticing is an important feature.
3. Forceful and deceitful means is not an essential feature.
4. The consent of a minor or a person of unsound mind has no importance.
5. It is not essential to force a person to go from a certain place.
6. In this offence a person is kept out of the custody of the lawful guardian.
7. The intention of accused is not important.
8. This offence is complete as soon as the minor of person of unsound mind is removed from the custody of the lawful guardian.

Abduction

1. There is no restriction as to the age of the person with whom it is committed.
2. It is not essential.
3. Forceful aur deceitful means is necessary.
4. The consent of abducted person is an important if the person gives free consent then the offence is not committed.
5. It is important to force any person to go from any place.
6. It is not essential.
7. The intention of abductor is important abduction is punishable only when it has been done with the objectives mention in section 364 to 366 of IPC.
8. It is not continuing offence.