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- ‘Kidnapping’ is committed only in respect of a minor under sixteen years of age if a male, and under eighteen years if a female or a person of unsound mind, ‘abduction’, in respect of a person of any age.
- In ‘kidnapping’, the person kidnapped is removed out of lawful guardianship. A child without a guardian cannot be kidnapped. [‘abduction’ has reference exclusively to the person abducted.
- In ‘kidnapping’, the minor is simply taken away. The means used may be innocent. In ‘abduction’ force, compulsion, or deceitful means are used.
- In ‘kidnapping’, consent of the person taken or enticed is immaterial; in abduction, consent of the person moved, if freely and voluntarily given,condones abduction.
- In kidnapping, the intent of the offender is a wholly irrelevant consideration: in abduction, it is the important factor.
- Kidnapping’ from guardianship is a substantive offence under the code; but abduction is an auxiliary act, not punishable by itself, but made criminal only when it is done with one or other of the intents specified is Section 364.