All You Need To Know About Kidnapping and Abduction

Kidnapping

1. Taking or enticing: the word ‘takes’ means to cause to go, to escort or to get into possession with or without the use of force. Taking need not be constituted by a single act. A whole series of acts might together constitute the process of taking; once the minor has been taken out of the keeping of lawful guardian the act is complete. When the accused takes the minor with, whether he was willing or not the act of taking is complete.

1. Out of keeping of lawful guardian: the word ‘keeping’ means within the protection or care of the guardian. The minor doesn’t need to be in the physical possession of the guardian. It connotes the idea of charge and protection whether actual or constructive. A child may not always be in the direct physical custody of the guardian but as long as the whereabouts of the child are known and there is control upon the movement of the child, he is said to be within the keeping of the guardian. When a child is taken to such an area outside the circle where the guardian no longer knows the whereabouts of the child nor any control upon his movements, the child is said to be kidnapped. The guardianship not only includes parents but also persons to whom the custody of the child has been lawfully entrusted e.g. teachers, relatives, servant etc.

1. Without the consent of the guardian: the consent of the child is completely immaterial and it is the consent of the guardian alone which is taken into consideration because the child is considered incapable of giving valid consent. The consent given under this section should be free i.e. it must not have been obtained by fraud or misrepresentation. If the guardian gives consent after the commission of the offence, the accused shall still be liable for the offence.

Abduction