CLAT Notes | Difference Between between Kidnapping and Abduction
Here’s a comparison table highlighting the key differences between kidnapping and abduction:
| Kidnapping | Abduction | |
| Definition | Taking or enticing a minor or person of unsound mind away from their lawful guardian without consent. | Compelling or inducing a person to go from any place by force or deceitful means. |
| Focus | Primarily involves minors or persons of unsound mind. | Applies to any person, including adults and minors. |
| Consent | Without the consent of the lawful guardian. | Against the will of the person being compelled or induced. |
| Means | May involve taking, enticing, or persuading. | May involve forceful compulsion or deceitful inducement. |
| Intent | Focuses on the act of taking someone from lawful guardianship. | Focuses on the act of compelling or inducing someone to go from one place to another. |
| Elements | – Minor or person of unsound mind.<br> – Taking or enticing.<br> – Absence of consent from lawful guardian. | – Person.<br> – Forceful compulsion.<br> – Deceitful inducement.<br> – Intent behind the act. |
| Exceptions | The belief of being the father of an illegitimate child or entitlement to lawful custody (unless for immoral/unlawful purposes). | No specific exceptions mentioned in relation to abduction. |
| Illustration | Taking a child away without parental consent or persuasion by false promises.<br> Example: A stranger lures a child away from school with the promise of a toy. | Physically forcing someone into a vehicle or deceiving them to leave a place.<br> Example: Criminals forcefully dragging a person into a car or manipulating an elderly person into leaving their home through deceitful means. |
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