The literal meaning of Kidnapping is stealing of a child. Two types of kidnapping is recognised by Indian Penal Code. One is kidnapping from India and the other is kidnapping from lawful guardianship.
Abduction is the offence where a person compels by force or any deceitful means and induces the other to go from any place.
There are aggravated forms for both Kidnapping and Abduction.
The main distinctions are as follows:
- Kidnapping is itself an offence. Abduction is not itself an offence. It is offence when committed to help other crimes.
- Kidnapping is not a continuing offence. Abduction is a continuing offence.
- There are two types of Kidnapping. Abduction has no different types.
- Kidnapping can be committed in respect of minors in case of lawful guardianship. Abduction has no such division. It can be committed against any person.
- The element of force is not expressly present in the offence of kidnapping. In abduction force, deceitful means etc are used.
- The offence of Kidnapping is done without consent. In abduction there is no express presence of the element of consent. If there is express free consent, there is no abduction.