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Kidnapping and abduction involve the unlawful and forcible زبردستی taking or removal of a person against their will. They are serious offenses that violate a person’s liberty and can cause significant harm to a person.
KIDNAPPING U/S 359:
According to sec 359 of PPC, There are two types of kidnapping:
1. Kidnapping From Pakistan (Sec 360)
2. Kidnapping From Lawful Guardian Ship (Sec. 361)
Kidnapping From Pakistan U/S 360:
If someone takes a person out of Pakistan without that person’s permission or the permission of someone who can give consent on their behalf, it is considered kidnapping from Pakistan.
The offence of Kidnapping out of Pakistan may be committed in respect of minors as well as grown up persons.
Following are the essential ingredients of sec 360.
- Conveying of any person:
There must be conveying of any person beyond the limits of Pakistan, from Pakistan.
- Without Consent:
Such conveying must be without the consent of that person or of some person, legally authorized to consent on behalf of that person.
iii. Meaning of Consent:
Consent means as active will in the mind of a person to permit the doing of the act complained of and knowledge of what is to be done, or of the nature of the act that is being done.
Kidnapping From Lawful Guardian Ship U/S 361:
If someone takes or convinces a child under 14 years old if they are a boy, or under 16 years old if they are a girl, or a person who is mentally incapable, away from their legal guardian without the guardian’s permission, it is called kidnapping them from their rightful guardian.
Ingredients of This Section:
- There must be taking or enticing of a person.
- Person is minor or person is unsound minded.
- Minor must be under fourteen years of age, if a male or under sixteen years of age, if a female.
- The taking or enticing must be out of the keeping of the lawful guarding.
- The taking or enticing must be without the consent of guardian.
Explanation of Section 361:
- In this section, the term “lawful guardian” refers to any person who has been legally given the responsibility to take care of or have custody of the minor or the person in question.
- This section does not apply to someone who, in genuine belief, considers themselves to be the father of an illegitimate غیر قانونی child or believes they have the right to legal custody of such a child, unless their actions are done for immoral or unlawful reasons.
“A” enticed “B‟ a minor girl to come out of the house and sit in the car with him, so that he might drive away with her. The offence of Kidnapping was complete when ‟B‟ drove away with her.
Punishment U/Sec 363:
If someone kidnaps a person from Pakistan or from their lawful guardian, they can be punished with imprisonment for up to seven years and may also be required to pay a fine.
ABDUCTION U/A 362:
If someone uses force to make a person go somewhere or tricks them into going, it is called abduction.
i. Forceful Compulsion or Inducement:
There must be forceful compulsion or inducement by deceitful means to any person. Force means the actual force and not the show of force.
ii. To Go From one Place to Another:
The object of such compulsion or inducement must be the going of a person from any place. It is a continuing offence, and a girl is being abducted not only when she is first taken from any public place but also when she is removed from one place to another.
Section 362 merely gives a definition of the word abduction which occurs in some of the penal provision which fellow. It is an auxiliary معاونact, not punishable by itself.
Kidnapping or Abducting in Order To Murder U/S 364:
If someone kidnaps or abducts a person with the intention of causing harm or putting them at risk of being murdered, they can be punished with either life imprisonment or rigorous imprisonment for up to ten years, and they may also be required to pay a fine.
- If person A takes person Z away from Pakistan with the intention or knowledge that Z might be offered as a sacrifice to an idol, then A has committed the offense described in this section.
- 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.
Kidnapping or Abducting A Person Under The Age of 14 Years U/S 364-A:
If someone kidnaps or abducts a person who is younger than fourteen years old with the intention of causing them to be murdered, seriously harmed, enslaved, or sexually exploited, or putting them at risk of such harm, they can be punished with the death penalty or life imprisonment or rigorous imprisonment for a period of up to fourteen years, but not less than seven years.
DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION
We can differentiate kidnapping from abduction through following points:
|NATURE OF DIFFERENCE||KIDNAPPING||ABDUCTION|
|Means Used||In kidnapping the minor is simply taken away. The means used may be innocent||In abduction force, compulsion or deceitful means are used.|
|Scope||Kidnapping is committed only in respect of a minor or person of unsound mind or if it is from Pakistan, of person of any age.||Abduction is committed in respect of any person of any age.|
|Kinds||Kidnapping is of two kinds i.e; kidnapping from guardianship and kidnapping from Pakistan.||Abduction can be any type of kidnapping with presence of force of deceitful means.|
|Effect of Consent||In kidnapping from guardianship consent of a person taken or enticed is immaterial.||If person is removed with his or guardian’s consent then its not abduction.|
|Place||In kidnapping from Pakistan, the place to which the victim is taken must be outside the limits of Pakistan or from lawful guardian ship.||In abduction, the place is not important|
|As To Guardian||In kidnapping from guardianship a child with guardian cannot be assumed as kidnapping.||Abduction has reference exclusively to the person abducted.|
|Intent||In kidnapping, the intent of the offender is wholly irrelevant.||In abduction, intention is the most important factor.|
|Continuous||Kidnapping from guardianship is not a continuing offence and it is complete as soon as the minor is removed from the custody of his or her guardian.||Abduction is a continuing offence and a person is abducted both when he is first taken from any place and also when he is removed from one place to another.|
|Nature||Kidnapping is a substantive offence.||Abduction not punishment by itself unless accompanied with some criminal intent.|
In summary, kidnapping is considered a punishable offense regardless of the intent behind it, while abduction is an auxiliary act that is not inherently punishable but becomes a crime only when carried out with criminal intentions.