In a legal sense, Kidnapping and Abduction cannot be used interchangeably. Interesting! Difference between Kidnapping and Abduction. Kidnapping. From Advocatespedia, ASSN: 148636. Kidnapping has types in, and the one under section 361 is specifically for the kidnaps of minors or of persons with an unsound sound mind. It usually involves using force, threats, or deceit. A few years ago we as a company were searching for various terms and wanted to know the differences between them. Kidnapping is of two types i.e. We write on the topics: Food, Technology, Business, Pets, Travel, Finance, and Science”. The person who abducts is not holding the person for profit or any monetary gain from the victim. The offence is done as soon as the person accused removes the person from his/her lawful guardianship. Difference Between Democracy and Communism (With Table), Difference Between Citizen and Permanent Resident (With Table), “The purpose of Ask Any Difference is to help people know the difference between the two terms of interest. A strong motive exists in Kidnapping, whereas in Abduction existence of motive may be or may not be there. What is difference between kidnapping and abduction? In the United States, if a person that is kidnapped is taking across state lines, it is considered as a federal law. To Seek Thrill: To experience the thrill of how it feels to control others. A crime of any kind is a serious sin and Kidnapping & Abduction are also considered as heinous. For example, almost 70% of the kidnappings in the United States are by family members or acquaintances of the victim. ‘Kidnapping’ is defined as, “to seize and detain or carry away by unlawful force or fraud and often with a demand for ransom.”. Both involve unlawful confinement of the person for some kind of concession or benefit. The kidnapping cases often include no force or deception, and the victim is usually willing or complicit because the kidnapping party is known to the victim. some kind of benefits or seeking concessions or extortion for his/her safe The laws for abduction crimes vary from state to state and country to country, depending on the severity of the crime. 4. 1. Similar cases involve lovers that refuse to let the other return to his or her parents. 5. The term kidnapping is derived from the combination of two powerful words. Kidnapping is defined as, “The crime of unlawfully seizing and carrying away a person by force or fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.” Abduction is legally defined as follows: “The act of restraining another through use or threat of force or through fraudulent persuasion. But just in case of Abduction, the intention of the person abducting could … Abduction is when someone uses deceit or force in order to take a person or a child away from their home or relatives. The motto behind the kidnapping of kids may vary from kidnapper to kidnapper. Kid – which means a small boy or girl and nap which means to snatch something.Thus, together these words convey the meaning of a kid who is being snatched away from his or her family in an illegal way. Ever since then, we've been tearing up the trails and immersing ourselves in this wonderful hobby of writing about the differences and comparisons. Image Courtesy: abqteam.com, ekensonline.com. Abduction charges are usually issued when the parent is not the one with full custody and refuses to return the child. to categorize the same and can be punished accordingly. Abduction is an unlawful and criminal Chapter Eleven: The Difference Between Abduction and Kidnapping. Kidnapping may be done for ransom or for political or other purposes. A lot of people use these terms interchangeably, but there is a difference between kidnapping and abduction. Under Texas Penal Code § 20.03(a), kidnapping is taking a person intentionally or knowingly against their will. Kidnapping is a criminal offense where a person is unlawfully taken and carried away by another person using force or fraudulent means and seized the person against his/her will. Political: To force change or seek concession from the. The intent in Kidnapping is unlawful by various means. compulsion or induced, which may or may not involve violence. Kidnapping involves taking a person from their family forcefully without their consent with the motive of holding the person as a hostage and earning a profit from their family. To steal a child under 10 years of age. Abduction and Kidnapping are particular types of offences under the Indian Penal Code. What is the difference between Abduction and Kidnapping? The key differences between the two offences are kidnapping is a complete offence, hence is a substantive offence whereas the other one is continuing offence, is an auxiliary act which becomes offence only when coupled with intention. Merriam Webster defines ‘abduction’ as, “to seize and take away (as a person) by force.” In legal definition, the victim knows or has some sort of relation with the abductor. Among all Kidnapping and Abduction are two such crimes which are increasing with each passing day, where kids are especially affected. Abduction is defined in section 362 of Indian Penal Code, 1860. To steal a child under 10 years of age. The difference between Kidnapping and Abduction has been drawn in many cases by The Supreme Court and various High Courts. the means of threat, deceit, and force against his/her will. Section 359 of IPC states the two types of kidnapping. In Abduction, an accused may not want to harm the person but imprison the person for some kind privileges that may or may not involve personal gains. Kidnapping is the unlawful taking away or conveying of a person and wrongfully … Provision under IPC. There may or may not be any motive behind Abduction. Difference between Kidnapping and Abduction. Kidnapping refers to taking someone away illegally against their will usually for ransom. Even if the person is not harmed, when kidnapped or abducted, then also it can’t be considered as a no offense. What is the difference between ‘hijack’ and ‘kidnap’? Criminals find kidnapping and Sale: There are several different types of kidnapping. When someone forcefully takes away the person against their consent or will and kept them in their imprisonment for which they don’t hold a legal authority is called a “Kidnapping“. However, the penalties are harsher if the victim is under 14 years of age.If you kidnap a child that does not resist, the requirement that you used force can be met if you brought the child a “substantial distance” from his or her home. Section 360 of IPC, states," Kidnapping from India- Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent … No real difference. If you’ve been charged with a kidnapping or custodial interference crime, turn to Jared Justice, a criminal defense, DUII, and prostituti… between Kidnapping and Abduction because then only one can identify or able Age (Minor or Major) It is committed only in respect of a minor i.e. Both words are verbs and mean to steal or take control without permission. It has been found out from the police records and the past criminal history data sheets that the majority of the kidnappings and the abductions take place between 3;30 pm to 11;00 pm in the day time.This is because, during this time, most of the children are out of their houses playing, studying or going to enjoy somewhere. The offence of kidnapping is defined u/s 359-361 of IPC. In Abduction, the motive may or may not exists. Both Kidnapping The motto behind the kidnapping of kids may vary from kidnapper to kidnapper. (adsbygoogle = window.adsbygoogle || []).push({}); Kidnappings can just be for money but when there is a child being abducted does it not mean that they are going to be killed or returned bodily harmed? Using the victim as a subject in Prostitution. Distinction / Difference between Kidnapping and Abduction . from his/her original location by force, fraud, deceitful, persuasion, In Kidnapping, a person is taken away by important to understand the difference Some of the motives behind Abduction are: The abduction of any person is illegal and comes under the law of punishment.Abduction. Defendants, however, will receive harsher punishments if the victim is under 14 years of age in a kidnapping. any other place is called an “Abduction“. It’s There is some motive is held behind Kidnappings such as money, revenge, sex, thrill, or political pressure. Jump to navigation Jump to search. Sometimes it also happens for the purpose of organ trafficking. Abduction is something which is something which happens with a surprise.But one can stay vigilant and alert by taking precautions like installing cameras in-home, using burglar alarms, keeping SOS number at one touch on the phone, keeping good relations with everyone.Even in the worst-case scenario, one can apply for a licensed firearm for them. Texas kidnapping offenses are frightening, and they can drastically change a person’s life. It states that who so ever forcefully compels or by any deceitful means induces any person to … Section 359 to 374 of IPC deals with these offences. What is abduction under IPC? Many people see Kidnapping and Abduction as same but both are different in legal terms and holds different definitions. An Abduction is an act of taking away the person by another person without his/her consent. This chapter will define the differences and break down the different types of each phenomenon. Definition:- According to section 359 of IPC 1860, "Kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship." b) The person kidnapped is removed … Abduction:the criminal act of capturing and carrying away by force a family member; if a man's wife is abducted it is a crime against the family relationship and against the wife. All Kidnappings start with Abduction but not all Abductions can be kidnapping. Posted on November 13, 2013 by Law Office of Brett A Podolsky. While abduction can be committed in respect of a person of any age. No part of the world is 100% safe. There is no such requirement for child abduction. Although the elements of individual cases may play out differently, all charges are centered on the fact someone has been unlawfully taken against their will. Neither word has anything to do with whether or not you ask for ransom, or whether or not the kidnapper is related to the victim. Kidnapping is a serious, violent, and This article explains the difference between these two offences. Section 359, I.P.C. The term kidnapping is derived from the combination of two powerful words. It is a kind of Auxiliary Act where an accused may attract some kind of punishment basis the severity of the type of Abduction. It is with that purpose where the gravity of the punishment depends. The requisite restraint generally requires that the abductor intend to prevent the liberation of … We've learned from on-the-ground experience about these terms specially the product comparisons. An accused or kidnapper confined the person in a controlled environment using force or threat and doesn’t hold the legal authority to do so. No matter whether a person is abducted for any benefit or not, still it is a severe crime and leaves the victim into a disconcerted position for a life-time. The offence of abduction is defined u/s 362 of IPC. Abduction is a slightly more formal term, whereas kidnapping was originally a slang term. Often times, human traffickers force victims into labor or prostitution. Much to everyone’s surprise, there is a difference between abduction and kidnapping. Basis of Difference. In Kidnapping, the principal motives are This is the site where we share everything we've learned. The kidnapping is usually done for a motive or for ransom. thrashed, stressed, and disturbed for their entire life. The intention of the person kidnapped just in case of kidnapping a minor is immaterial so on the crime committed by the accused. Difference between kidnapping and abduction. To confine a person for a wrongful act or to grievous hurt. Abduction is the taking a person away to a place against his/her will. Now that we have understood what kidnapping and abduction are let’s understand the difference between them. The victim can be a minor or an adult. The following is a collection of the most used terms in this article on Kidnapping and Abduction. • First and foremost, the law makes a distinction between abduction and kidnapping and hence there are differences in penalties set out in the two cases. Penalty is often dependent upon the circumstances and the torture, if any inflicted on the abducted or captive. 7 Major Differences Between Kidnapping and Abduction are 1. If a person who willingly goes with someone to a place which is far away from the home, then it is not considered as kidnapping if the person who is going is greater than the age of 18, or is an adult.If a kid who is less than 18 years of age, willingly agrees to go to someplace without the consent of his parents and turns out to be something negative, then it can be considered kidnapping if the person taking him has negative thoughts in mind. Abduction is the criminal taking away a person by persuasion, by fraud, or by open fo. Section 360 defines kidnapping from India, Section 361 defines kidnapping from lawful guardianship. The abductors do not reveal their motive for taking away the person or the child. Kidnapping is not something to mess around about it is something to be stopped and taken seriously. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Either a child or an adult can be … abduction as an easy medium to seek privilege but both leave the victim mentally Kidnapping is the taking away of a person by force, threat, or deceit, with intent to cause him or her to be detained against his or her will. Difference Between Abduction and Kidnapping Key Difference: Abduction is when someone uses deceit or force in order to take a person or a child away from their home or relatives. In kidnapping, a person is taken away or is enticed from his/her lawful guardian whereas in abduction, there is no concept of lawful guardianship. Substantive offense, where different categories of the offense are created and punished accordingly. In most cases, these kidnappings are driven by a custody dispute or feeling that the child is better off in the hands of the kidnapper. someone is forcefully compelled or induced and taken away from their home or This video explains the meaning and difference between kidnapping and abduction described in Indian Penal code. act where a person, against his/her will, is taken away to another location Kidnapping is taking away or forcefully transporting a person against their will and holding them in false imprisonment, a confinement without legal authority. Today, kidnapping and abduction are not that confined to the age of the victim. “Kidnap” is a native English word that is formed from the word KID and NAPPER is used for the person who snatches, whereas “Abduct” is a Latin word, which means to “lead away.”. Kidnapping. Although the words are used in a similar context and often together, there is a very significant difference to understand in the usage of each of the words. In kidnapping the taking away or enticing is imp… kidnapping from India and Kidnapping from lawful guardianship Kidnapping is a substantive crime but an Abduction is an auxiliary act. It is important to differentiate between these crimes so as to avoid any confusions in relation to these terms, which brings us to the main differences between these two: Provision under IPC. Enticement or taking away by the kidnapper. Here the victim is restrained from going to his/her original place. The biggest difference between child abduction and kidnapping is that the victim need not be a child in order to constitute kidnapping. and in bad taste. Abduction. Provision of law. in case of boy 16 years and in case of a girl 18 years, or a person of unsound mind. Abduction is a see also of kidnapping. Kidnapping means stealing away of a man, woman, or child … Thrill: To experience the thrill of how it feels to control others. 6. Kidnapping may be done for ransom or for political or other purposes. and Abduction are grave crimes. Both are serious offense and each has different punishments. It is a continuing offense as a person abducted is moved from one place to another. Human trafficking refers to illegally trading a person for either exploitation or commercial gain. Differences Between Kidnaping and Abduction. Often, the perpetrator intends to harm or injure their victim. When Continue Reading. To Seek The #1 difference between Kidnapping and Abduction is that kidnapping means to take a person away to another place by using force or any deceitful means with purpose of money or personal revenge. A person is taken away in secret or with use of force without his or her consent or without the consent of his guardian. In many cases, there is no ransom or monetary motivation whatsoever. substantive offense where a victim is forcibly restrained and physically harmed. Section 359-363 deals with the offence of Kidnapping. In order states, the charges range from paying a fine to confinement, depending on the severity of the crime. Whereas in abduction, it is … Abduction is the criminal taking away a person by persuasion, by fraud, or by open force or violence. In most jurisdictions, kidnapping is when someone is taken away by force, threat, or deceit, with an intent to cause harm or detain the victim against their will. Following are the distinction between kidnapping and abduction – (1) Dealing Sections: Section 359, 360, 361, 363 of the Indian Penal Code deals with what is Kidnapping. Comparison Table Between Kidnapping and Abduction (in Tabular Form), Main Differences Between Kidnapping and Abduction, Frequently Asked Questions (FAQ) About Kidnapping and Abduction, Word Cloud for Difference Between Kidnapping and Abduction, https://onlinelibrary.wiley.com/doi/abs/10.1111/hojo.12028, https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/brklr21§ion=11, https://books.google.com/books?hl=en&lr=&id=FTODQBLxy_AC&oi=fnd&pg=PP15&dq=Kidnapping+and+Abduction&ots=PubyQjJ-Hf&sig=uG7KUvBLZJGrGN1ReBU38M9CPzU, Difference Between Verbal and Non-Verbal Communication (With Table), Difference Between Budget and Forecast (With Table), Difference Between McAfee LiveSafe and Total Protection (With Table), Difference Between HCPCS and CPT (With Table), Difference Between Catholic and Lutheran (With Table), Difference Between Articles of Confederation and Constitution (With Table). Abduction and kidnapping are two of these words that seem similar in nature, however have distinct differences. In the case of adults, the term kidnapping is replaced by terms such as abduction or taking hostage. release. Kidnapping Abduction . The first pic is of a white person with an oblivious black persons hand over her mouth. Kidnapping is sometimes done for a money ransom or other types of gains. Some of the pointed out differences are:-a) Kidnapping is committed only with respect to a minor or a person of unsound mind whereas; abduction can be with respect to a person of any age. Ask Any Difference is a website that is owned and operated by Indragni Solutions. In both, there exists no statute of limitations in terms of harm. The main difference you should understand about the two crimes is that kidnapping means the victim does not need to be a child. In Kidnapping a person can expect a lengthy detainment where harm or injury may occur. Kidnapping and Abduction under IPC are the terms that are often used interchangeably but the difference between them must be understood. The distinction between Kidnapping and Abduction : The term Abduction and Kidnapping are sometimes used interchangeably which is defined under the Indian Penal Code, 1860. INTRODUCTION: KIDNAPPING: Kidnapping has been codified as a criminal offence under the Indian Penal Code,1860. The most common cases of abduction are seen in divorce cases, where one parent is given the sole custody of a child. DIFFERENCE BETWEEN KIDNAPPING AND ABDUCTION. The definition of abduction … 2) kidnapping from lawful guardianship. Kidnapping involves the Abduction but Abduction may not involve Kidnapping. In kidnapping, an orphan or a child without guardian cannot be kidnapped. In abduction, there is no such specification and is generally applied to everyone. There are many types of kidnapping.They are as follows: Tiger kidnapping, virtual kidnapping, bride kidnapping, political kidnapping, express kidnapping, basic kidnapping, high net worth kidnapping.Thus, these are the most common types of kidnapping which involve the kidnapping of kids as well as adults. Kidnapping is not a continuing offence. Kidnapping:The substantial interference with another person's liberty without consent or legally authority. We can easily find various crimes happening around us, the intensity or severity of the crime could be different but still, crime happens. Abduction. Difference Between Kidnapping and Human Trafficking? Kidnapping is the taking away of a person by force, threat, or deceit, with intent to cause him or her to be detained against his or her will. All around the globe, the kidnapping of hundreds and thousands of kids take place every day.The reason behind this is mostly getting a good amount of money in exchange for the kid. Difference between Kidnapping and Abduction|| Section 359, 360, 361 and 362 of Indian Penal Code Basis. Most people charged with abduction or custodial interference are members of the child’s family, whereas kidnappers can be anyone. To confine a person for a wrongful act or to grievous hurt. The kidnapping could be for a number of reasons such as getting monetary reward, or getting some sort of benefit from the person. No. KIDNAPPING: ABDUCTION: The offence of kidnapping is committed with respect of a minor, if a male under the age of 16 years or if a female under the age of 18 years. There are various different words in the English language that can be interchanged and seem very similar. With regard to punishment (still under the law of Orissa), kidnapping is very punishable by law whereas abduction is not punishable unless the ultimate purpose or goal of the abductor will be known. Kidnapping is taking away or forcefully transporting a person against their will and holding them in false imprisonment, a confinement without legal authority. It is not a continuing offense as the person kidnapped is taken away from his/her lawful protection of parents or guardians. Copyright © 2020, Difference Between | Descriptive Analysis and Comparisons. They are two words for the same thing. Abduction and Kidnapping Definition. 3. The meaning of kidnapping is child stealing. Kid – which means a small boy or girl and nap which means to snatch something.Thus, together these words convey the meaning of a kid who is being snatched away from his or her family in an illegal way. To experience the thrill of how it feels to control others, charges! Change or Seek concession from the combination of two powerful words not there... Motivation whatsoever offence is done as soon as the person for a number of reasons such money! 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