Abduction in general significance the act of illegally taking away or leading, carrying off by force a child, ward, voter or wife. This may be by fraud, pursuance, or open violence. In a more restricted sense it is confined to the taking of females for the purpose of marriage, concubine or prostitution. (Black Stone in Webster Dictionary) But according to the definition of 362 I.P.C. any person may be abducted, irrespective of sex and age.
Definition:
Section 362 defines “Abduction”.
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ADVERTISEMENTS:
Sec. 362. Abduction:
Whoever by force compels or by any deceitful means induces any person to go from any place is said to abduct that person.
Important Points:
ADVERTISEMENTS:
A. Ingredients:
According to Sec. 362, to constitute an offence of abduction, two essentials are necessary,—
i. Forceful compulsion or inducement by deceitful means; and
ii. The object of such compulsion or such inducement must be the going of a person from any place.
ADVERTISEMENTS:
B. Section 362 defines “Abduction”. It does not define an offence. Abduction becomes an offence only when it is accompanied by one of the three intentions mentioned in Sections 364,365 and 366.
C. Generally people could not distinguish between abduction and kidnapping. It has become the practice of writing in the papers that the Naxalites, Terrorists, anti social elements, etc., kidnapped the persons, officials to demand the Government to fulfil their demands. But it is wrongly described as Kidnapping. In fact, it is “Abduction”.
Kidnapping can only be done in respect of minors or the persons of unsound mind. If any person, irrespective of age and sex, is conveyed from India, it is also called kidnapping. Abduction may be in respect of any person.
D. By force compels:
These words used in the Section show that there must be actual force played by the accused. Mere show or threat of force does not constitute this offence.
E. By any deceitful means:
This phrase means that the accused might have abducted the person by force or by any deceitful means. Even the accused makes any promises to the person or woman or induces her to accompany him, constitutes this offence.
F. Unlike kidnapping, Abduction is a continuing offence Abduction is constituted when a girl is being abducted not only when she is taken first from any place but also when she is removed from one place to another. The words “from any place” mean that abduction is a continuing offence.
G. Aggravated Forms of Kidnapping and Abduction and Punishment
H. Kidnapping or maiming a minor for purposes of begging: According to sub-section (1) of Section 363-A, whoever kidnaps any minor, or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging, shall be punishable with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine
According to sub-section (2) of Section 363-A, whoever maims any minor in order that such minor may be employed or used for the purposes of begging, shall be punishable with imprisonment for life and also be liable to fine.
The offence under sub-section (1) of this Section is cognizable, non-bailable, non-compoundable and triable by Magistrate of the first class.
The offence under sub-section (2) of this Section is cognizable, non-bailable, non-compoundable and triable by Court of Session.
I. Kidnapping or Abducting in order to murder:
Sec. 364 imposes punishment of imprisonment of life or rigorous imprisonment for a term upto ten years and also fine if the accused kidnaps or abducts a person in order to murder. Nature of offence: Cognizable, non-bailable, non-compoundable and triable by Court of Session.
Illustrations:
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this Section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this Section.
J. Kidnapping for ransom, etc.:
Section 365 imposes punishment with imprisonment of either description of a term which may extend to seven years and also fine on the accused who kidnaps or abducts any person with intent to cause that person with secretly and wrongfully confined. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Magistrate of the first class.
K. Kidnapping or abducting or inducing women to compel her marriage, etc.:
Sec. 366 says that whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine: and whoever, by means of criminal intimidation as defined in this Code or abuse of authority or any other method of compulsion, induces any women to go from any place with intent that she may be, or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall be punishable as aforesaid. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court of Session.
Object of Sec. 366:
Section 366 is an aggravated form of Sec. 363. The object of Sec. 366 is three fold: (i) to protect the authority of the lawful parents or guardians over their minor wards; (ii) to give the protection to the girls; (iii) to penalize the sexual comers and punish the persons who corrupt or attempt to corrupt the morals of the minor girls by taking improper advantage of their youth and inexperience,
L. Procreation of minor girl:
Section 366-A says that whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court of Session.
M. Importation of girl from foreign country:
Section 366-B says that whoever imports into India from any country outside India or from the State of Jammu and Kashmir, any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court of Session.
N. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.:
Section 367 lays down that whoever kidnaps or abducts any person in order that such person may be subjected,
or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court of Session.
O. Wrongfully concealing or keeping in confinement, kidnapped or abducted person:
Section 368 lays down that whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court by which the kidnapping or abduction is triable.
P. Kidnapping or abducting child less than ten years with intent to steal from its person:
Section 369 lays down that whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Magistrate of the first class.
Q. Selling minor for purposes of prostitution, etc.:
Sec. 372 says that whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall, at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will, at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Court of Session.
R. Buying minor for purposes of prostitution, etc.:
Sec. 373 provides that whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age, be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by any Magistrate.