Introduction

The literal meaning of abduction is the action of forcibly taking someone away against their will. Abduction is defined u/s 362 of IPC. This section merely gives a definition of the word ‘abduction’ which occurs in some of the penal provisions which follows. There is no such offence as abduction under the code, but abduction with certain intent is an offence. Force or fraud is essential.

Meaning :

Abduction in common language means carrying away of a person by fraud or force. In United Kingdom, Kidnapping is used for both minors and adults, whereas in India kidnapping is used for minors and abduction for adults. Section 362 in The Indian Penal Code – Abduction Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. In view of the definition, the word ‘force’ connotes actual force and not merely show or threat of force. It would be an offence to carry a grown-up woman by force against her own will even with the object of restoring her to her husband. [Allu vs Emperor, AIR 1925 Lah 512] The expression deceitful as used here, is wide enough to include inducing a girl to leave her guardian’s house on a pretext. It also implies the use of misrepresentation and fraud by act or conduct. (R. vs Cort (2004) 4 All ER 137 (CA)]

Examples – 

(1) If the intention is to cause secretly or wrongfully a person, section 364 IPC applies;

(2) If the intention is that the person abducted maybe murdered or so disposed of as to be put in danger of being murder section 364 of IPC applies;

(3) If the intention is to cause grievous hurt or to dispose of the person abducted as to put him/her in danger of being subjected to grievous hurt or slavery, or the unnatural lust of any person section 367 IPC applies;

In the case of Gurucharan Singh v. State of Haryana AIR 1972 SC 2661 the accused had put the victim under his pistol and threatened him. The accused then took her to the fields outside the village. The court observed that the accused in this case used an excess amount of force, and such use of force leads to abduction.

Essentials of Section 362

1. Abducting by use of force or any deceitful means: – The abduction should be done by compelling or inducing a person by use of force or deceitful means. The expression force means consent obtain by force or use of force to commit abduction. Whereas, the expression deceitful means includes any misleading statement. The intention of the offender is the deciding element of the offence.
2. Taking of a person from one place to another: – in order to commit the offence of abduction the movement of the abducted person is must and that to be with the use of force or any deceitful means. For example, if A enters the house of a girl B and lifted her in order to take her away, but when B raises alarm A dropped her and ran away, A will not be liable for abduction but he will be guilty for attempt to abduct.

In the case of Bahadur Ali v. King Emperor AIR 1923 Lah 158 a girl was kidnapped, although she tried to escape from that place, on the way she met the accused who made misrepresented her by saying that he is a police constable. The accused then fraudulently took her to his house and then demanded 600 Rupees from her mother. The court held the accused guilty of abduction and punished him.

Punishment:

Abduction is an auxiliary act, not punishable by itself, unless accompanied with some intent specified u/s 364-366. Hence, a particular purpose is necessary to punish an accused . Abduction is only an auxiliary act and is not punishable in it. Therefore, there is no general punishment for abduction in the Indian Penal Code. But some specific types of abduction attract the following punishments:

• Abduction in order to murder- section, punishment 10 years + Fine
• Abduction with intent to wrongfully confine a person- section, punishment 7 years + Fine
• Abduction so as to compel a woman to marry- section, punishment 10 years + Fine
• Abduction so as to subject a person to grievous hurt- section, punishment 10 years + Fine
• Abducting a child less than 10 years of age in order to steal from a person- section, punishment 7 years + Fine

The distinction between Kidnapping and Abduction

BASIS	KIDNAPPING	ABDUCTION
Age of the Aggrieved Party	For the offence of Kidnapping, section 361 of IPC lays down that the age of the aggrieved person should be below 16 in case of males and below 18 in case of females.	For the offence of Abduction, there is no provision of age. Any person who by force and deceit compelled another person to move from one place to another becomes liable for abduction
Removal from lawful Guardianship	During the offence of Kidnapping the aggrieved is removed from his/her lawful guardianship.	In abduction, there is no concept of lawful guardianship.
Means	In kidnapping, a person is taken away or is enticed from his/her lawful guardian. There is no such means of taking in Kidnapping.	In abduction, certain improper means like force, fraud, deceit comes into play.
Consent	For kidnapping, the consent of the person who is kidnapped is not necessary, it is only the consent of the lawful guardian that matters.	For abduction, consent plays a vital role, if there is a presence of express and voluntary consent of the abducted person then such an act will not be a punishable offence.
Intention of the Accused	In kidnapping, the intention of the person committing the offence is immaterial and irrelevant.	In abduction, the intention of the accused plays a very vital role in order to ascertain whether he is guilty or not.
Continuity of the Crime	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.

Conclusion:

Co-operation between legal systems, governmental agencies, and non-governmental organisations is crucial to combating child trafficking. To combat this issue, cooperation among states should be fostered through consistency in punitive measures. The national application of these international humanitarian tools and the endorsement of international instruments can achieve this consistency.

The number of abduction and kidnapping cases is enormous and is only increasing. There is a dire need to prevent these horrendous crimes and stop the culture of kidnapping and abduction from spreading, especially when it is done for marriages, forced sexual intercourses and forced begar etc. These children require safe release, medical, psychological and legal assistance as such acts take away the good days of childhood away from them as they are subjected to mental and physical torture.

In addition to the states working together to combat these offences, it is also important to foster international cooperation. Furthermore, it must be recognised that a criminal would engage in these behaviours while avoiding the law. Together with increased public awareness, non-governmental organisations and official entities must act to prevent these crimes.