Under the Indian Penal Code (IPC), kidnapping and abduction are two distinct offenses that deal with the illegal confinement of another person. Sections 359 and 363 of the IPC, respectively, specify each of these offences.
Kidnapping
According to Section 359 of the IPC, kidnapping is the act of taking or enticing someone away without their consent.
The offence of kidnapping is a more serious offence than abduction.
Punishment of Kidnapping
Punishment: Imprisonment for a term that may extend to seven years, to imprisonment for life, along with a fine.
Essential Elements of kidnapping
- The taking or enticing away of a person.
- The act must be done against the person’s will.
- The act must be done with the intention to cause harm to the person, or with the intention to compel the person to do something against his or her will.
Abduction
likewise, Section 362 of the IPC defines abduction as the wrongful restraint or confinement of a person.
The offence of abduction is a less serious offence than kidnapping.
Punishment of Abduction
Punishment: Imprisonment for a term that may extend to two years, to imprisonment for a term that may extend to seven years, along with a fine.
Essential Elements of Abduction
- The wrongful restraint or confinement of a person.
- The restraint or confinement must be done without the person’s consent.
- The act must be done with the intention to cause harm to the person, or with the intention to compel the person to do something against his or her will.