Nowadays alarming rate of crime is considered to be one of the biggest problem faced by every nation. It is the primary objective of every nation to reduce the crime rate. In India, the crime rate is increasing day by day, various laws are enacted by the Government to tackle the menace of high crime rate. Studies have revealed that criminals have now evolved various type of new techniques to fulfil their criminal motives. Abduction and Kidnapping is considered to be one of the most common crime committed in present era.
Kidnapping and Abduction both are considered a heinous crime committed against a person because it enhances the risk of human trafficking as well. Various cases of abduction and kidnapping have also revealed that children are exploited physically and mentally for evil motives.
Usually, people think that Abduction and Kidnapping are synonyms to each other, but in the legal perspective both have distinct meaning and best criminal lawyer in Delhi often lay great stress on the difference between two.
Abduction is defined under Section 362 of Indian Penal Code, 1860. Under The Indian Penal Code abduction is known a carrying away of a person by force or inducement by deceitful means. In this offence, the consent of the person abducted is material as the offence of abduction is completed when a person is taken forcefully without consent. The consent of abducted person becomes a good defence to the accused. Abduction alone is not considered as any kind of offence but if it is done with the intention to commit some further offence then it becomes an actionable offence. Like,
- Abduction along with the intention of Murder, punishable with the maximum rigorous imprisonment of ten years with fine or life imprisonment with fine.
- Abduction along with the intention of secretly and wrongfully confine the person, punishable with the maximum imprisonment of seven years with fine.
- Abduction along with the intention of inducing woman to compel her marriage etc., punishable with the maximum imprisonment of ten years with fine.
- Abduction along with the intention to cause grievous hurt etc., punishable with the maximum imprisonment of ten years with fine.
- Abduction along with the intention to steal property from the child under ten years, punishable with the maximum imprisonment of seven years with fine.
In kidnapping from lawful guardian, the age of the victim matters and the consent of the victim is totally immaterial.
To constitute the offence of the Abduction criminal lawyers in Noida mention that there must be following essential elements,
- Forcible compulsion or inducement by deceitful means:
By the term deceitful it is meant the action or practice of deceiving someone by concealing or misrepresenting the truth. It is the first essential element to constitute an offence under this Section. The person whose position is changed must be compelled by some force and inducement by the deceitful means. Where no force or deceit is practised on the abducted, then no offence of abduction is said to have been committed. The intention of the abduction for further offence is an important factor to constitute an offence because mere abduction is not considered as an offence.
- Such compulsion or inducement must lead to the going of a person from any place:
Along with the forcible compulsion or inducement by deceitful means it is an essential element that there must be change in the position of the person from that particular place, it is considered as a continuing offence and it continues so long as the abducted person is removed from one place to another.