Kidnapping vs. Abduction: Understanding the Differences Under Pakistani Law

Posted on Oct 27, 2024 in Law & Jurisprudence

1. Introduction

Kidnapping refers to child stealing, while abduction occurs when someone uses force or deception to compel another person to leave a place.

2. Relevant Provisions

The relevant provisions are:

  • Sections 360, 361, and 363 for kidnapping.
  • Section 362 defines abduction, while Section 363 addresses the criminal offense related to abduction.

3. Kidnapping

A. Meaning

Kidnapping involves taking a person away against their will through force, threats, or fraud.

B. Kinds of Kidnapping Under Section 359

There are two types of kidnapping:

  1. Kidnapping from Pakistan
  2. Kidnapping from lawful guardian

C. Kidnapping from Pakistan Under Section 360

This occurs when someone takes another person beyond Pakistan’s borders without their consent or the consent of a legally authorized person.

I. Scope

This offense can be committed against adults or minors.

II. Essential Ingredients

  1. Conveying a person beyond Pakistan’s borders.
  2. Doing so without consent from the person or a legal guardian.

4. Abduction

A. Definition Under Section 362

Abduction is the act of compelling someone to leave a place by force or deceitful means.

B. Ingredients

  1. Forceful Compulsion or Inducement: Actual force, not just a threat, is required.
  2. Movement from One Place to Another: The person must be moved from one location to another. This is a continuing offense.
  3. Scope: Section 362 defines abduction; it’s not a punishable offense in itself unless accompanied by criminal intent.

5. Differences Between Kidnapping and Abduction

  1. Age: Kidnapping applies to minors (under 14 for males, under 16 for females) or those of unsound mind. Abduction applies to anyone.
  2. Guardian: Kidnapping involves removing someone from lawful guardianship. Abduction does not require a guardian.
  3. Means Used: Kidnapping may involve innocent means. Abduction requires force or deception.
  4. Scope: Kidnapping applies to minors, those of unsound mind, or anyone taken from Pakistan. Abduction applies to anyone.
  5. Kinds: Kidnapping has two types (from guardianship and from Pakistan). Abduction has one type.
  6. Consent: Consent is immaterial in kidnapping from guardianship. Free and voluntary consent negates abduction.
  7. Place: Kidnapping from Pakistan requires taking the victim outside Pakistan. The location is not crucial in abduction.
  8. Guardian (reiterated): A child without a guardian cannot be kidnapped. Abduction focuses solely on the abducted person.
  9. Intent: Intent is irrelevant in kidnapping but crucial in abduction.
  10. Continuance: Kidnapping from guardianship is not a continuing offense. Abduction is continuous.
  11. Nature: Kidnapping is a substantive offense. Abduction is not punishable unless combined with criminal intent.

6. Analysis

Kidnapping and abduction are distinct offenses with key differences regarding scope, types, and other factors.