What is an Abduction? | Meaning &Types of Abduction | Child Abduction | Find Your Advocate

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                                                                                                   written by Anusha Agarwal

ABDUCTION MEANING-

 Abduction means carrying away of an individual by fraud or force. According to Section 362 of
the Indian penal code 1860, abduction takes place when an individual by force compels or by
any deceitful means induces another person, to go from any place.
Abduction pure and simple is not an offense. It is an auxiliary act not punishable in itself, but
when it's amid a particular intention to commit another offense, it intrinsically becomes
punishable as an offense.

EXAMPLES-

(1) If the intontion is to cause secretly or wrongfully an individual , section 364 IPC applies;
(3) If the intention is to cause grievous hurt or to eliminate the person abducted on put him/her in
peril of being subjected to grievous hurt or slavery, or the unnatural lust of a person section 367
IPC applies;

EXPLANATION-

Section 363 of the Indian penal code 1860 provides punishment for the offense of kidnapping
from India and from lawful guardianship as defined in section 360 and 361 of Indian Penal Code
respectively
The offense of abduction is defined under section 362 of the Indian penal code.
According to this section, if any person is compared or induced by another person either by force
or by deceitful means, either to go from any place, it is said to be an offense of abduction.
The analysis of section 362 reveals that the offense of abduction can be committed against any
person of any age.
This section does not require that the subject against whom the offenses committed should be of
a particular age or he should be in a keeping of lawful guardianship.
It is noted the point that section 362 does not create an independent or specific offense the act
under this section cannot be treated as an offense, plea if it is committed with the intention
provided under section 364 365 and 366 of IPC.
Thus merely committing an act of abduction is not an offense, unless done with a particular
intention.

The offense of abduction is a continuing offense; therefore, it can be committed in series or in the chain.

 The Difference Between Kidnapping and Abduction


ESSENTIAL CONDITION-

In order to constitutes, an offense of abduction following elements are necessary-:
1. There must be force will compulsion or inducement by deceitf  ul means.
2. The object of such compulsion or inducement should be to affect the going of any person from
any place.
It is an essential condition for an offense of abduction that the person must have compelled or
induce another person by force or by deceitful means to go from a place to another place.
This offense of abduction arises only if the actual force is used or deceitful means is exercised.
• In Nura versus Rex
Allahabad High Court said that this often does not arise merely by showing off force threatening
abuse of force and let it has been used actually.
• Vinod Chaturvedi v. State of Madhya Pradesh, Ibid
• Allu, AIR 1925 L. 512
In this case, the one that was accused came to the rooftop of a house where a lady was sleeping.
They woke up the woman and asked her to accompany them but she refused. So they lifted her
up and started carrying her away.
The woman raised an alarm and she or he was dropped down on the roof and that they ran away.
In this case, they won’t be accused of abduction as she was just lifted, and not forced to move
from one place to another.
• AIR 1952 Raj. 123
In this case, a girl who was 16 years old willingly goes out with the accused person for sexual
intercourse and there is no evidence of any use of force or compulsion, so in this case, the. 

On grounds of domestic violence women may given precedence ...


CHILD ABDUCTION

accused will not be guilty of an abduction.
Child Abduction basically means taking away the child from his/her parents by the way of
persuasion but sometimes it can also be through violent means.
Children can be abducted either by strangers or by their own parents. In case of custody battles,
child abduction may be a quite common practice; a parent may take the kid to a different state in
order that the kid is faraway from the other parent.
A parent generally abducts a child usually when a divorce is going on or after the divorce has
been finalized and child custody orders have been issued.
When the child has willingly left their family it becomes easier for the abductor to abduct the
child as children are very vulnerable and don’t know how to survive on their own.
Other types of Abduction
1. Marriage by Abduction:
Marriage by abduction refers to a situation where a bride has been abducted against her parent’s
wish and it is not necessary that she wants to marry her abductor. But in some cases, it is also
2. Express Kidnapping :
Express kidnapping may be a time of abduction where the abductor demands money before he
returns the victim to his/her parents or loved ones.
Express abduction is generally different from classic abductions as classic abduction basically
involves detailed planning rather than being spontaneous in nature.
Moreover, classic abduction is a case where a large amount of money will be demanded and
mostly wealthier people will be targeted to get it

 CONCLUSION

 Abduction is a crime under Indian law that is not punishable so it becomes more important to rightly
solve the cases of abduction by giving justice to the person who has been abducted


sources:- 
  • https://books.google.com.au/books?id=WnnxzkV2mk0C
  • https://www.srdlawnotes.com/2018/06/kidnapping-and-abduction-law-of-crime.html
  • https://www.lawnn.com/abduction-types/
  • https://www.medipee.com/en/2020/03/25/urine-analysis-for-suspected-corona-virus-infection-covid-19/
  • https://www.studocu.com/in/document/karnataka-state-law-university/constitutional-law/mandatory-assignments/ipc-autosaved-assignments-questions-with-answers/7824062/view


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