Sage-Tips

What is the punishment for abduction in India?

Section 367 of the Indian Penal Code states that if a person kidnaps or abducts a person so that such person is subjected to or is put in danger of grievous hurt, slavery or unnatural lust of any person, must be punished with either rigorous or simple imprisonment up to 10 years and fine.

Why is abduction not an offence?

Kidnapping completes as soon as the minor or the person who is of unsound mind is removed from the custody of his/her lawful guardian. Hence, it is not a continuing offence. Abduction continues from the time the person is removed till the time he is sent to another place. Hence, it is a continuing offence.

Is abduction a bailable offence?

The term of punishment for committing the offence of kidnapping as provided under IPC 363 is 7 years of imprisonment and fine. Depending upon the facts and circumstances of every case, IPC sec 363 is a Cognizable and bailable offence. Cases pertaining to kidnapping are triable by the Magistrate of the first class.

What is abduction in law?

‘Abduction’ has been defined in Section 362 of the Indian Penal Code which says that if a person either by force compels a person or induces another person to go from any place is said to abduct such person.

What is difference between kidnap and abduction?

Kidnapping is a criminal offense where a person is unlawfully taken and carried away by another person using force or fraudulent means and seized the person against his/her will. An Abduction is an act of taking away the person by another person without his/her consent.

How does it differ from abduction?

In kidnapping, the minor is simply taken away. The means used to kidnap a child may be innocent. The means employed in abduction are force, compulsion or deceitful methods. Consent of the person matters i.e. if a person is removed with free consent in that case offence of abduction is said be not committed.

Can there be an abduction which is not punishable under IPC?

Abduction is only an auxiliary act and is not punishable in itself. Therefore, there is no general punishment for abduction in the Indian Penal Code….Punishment.

Types of Kidnapping	Punishment	Section of IPC
Kidnapping in order to murder	10 years + Fine	364
Kidnapping for ransom	10 years + Fine	364A

What is difference between abduction and kidnapping?

Kidnapping is usually accompanied with a ransom for money or other gains. However, a crime of abduction is considered to be when a person has been taken away from his or her original location by persuading him or her, by some act of fraud or with a forceful way that may include violence.

What type of Offence is kidnapping?

Overview. Offences relating to kidnapping and unlawful confinement are found in Part VIII of the Criminal Code concerning “Offences Against the Person and Reputation”. Offences under s. 279(1.1) [kidnapping] are straight indictable.

What is IPC abduction?

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.

What do you mean by abduction?

Definition of abduct 1 : to seize and take away (a person) by force The girl was abducted by kidnappers. 2 : to draw or spread away (a part of the body, such as a limb or the fingers) from a position near or parallel to the median axis of the body or from the axis of a limb a muscle that abducts the arm.

What is the offence of kidnapping and abduction under IPC?

The offence of kidnapping and abduction is provided under section 359 to 363 of IPC. For both the offences, there are specific punishments given under the IPC. Kidnapping means that any person unlawfully seizing and carry away another person by the means of fraud or force, or without the consent of that person.

What is the offence of abduction?

The offence of Abduction is mentioned under Section 362 of the Indian Penal Code. “Whoever by force compels or by deceitful means induces, any person to go from any place, is said to abduct that person.” The Section only gives a definition to the offence of Abduction which is not punishable per se.

What is the punishment for kidnapping in India?

Section 363 of IPC[xii] provides the punishment for kidnapping from India or from the lawful guardianship with imprisonment up to seven years and fine. Section 362 of IPC[xiii] defines Abduction.

What is abduction under section 362 of Indian Penal Code?

Abduction as defined under section 362 of the Indian Penal Code may be in respect of any person and inconsiderate of age and sex. Abduction itself is not punishable, it is merely an auxiliary act, however if it done with a criminal intent, example to have sexual intercourse or to murder the person, it is punishable in the subsequent sections.