Abduction and Kidnap
ABDUCTION and kidnapping, both are crimes as defined in the Penal Code. In ancient common law there was nothing specific about kidnapping as an offence. Even the literal meaning of kidnapping is child stealing. Abduction has only been defined by the provision of the said law, but with certain intent it is an offence.
According to section 362 of the Penal Code 1860, a person is said to commit the offence of abduction when he by force compels or by any deceitful means induces any other person to go from one place to another.
According to section 359 of the Penal Code kidnapping is of two kinds: kidnapping from Bangladesh and kidnapping from lawful guardianship. Whoever conveys any person beyond the limits of Bangladesh without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Bangladesh. On the other hand whoever takes or entices any minor or any person of unsound mind, out of the keeping of the lawful guardian without such guardian's consent is said to kidnap such person.
Some basic features of kidnapping and abduction
-Kidnapping is committed in respect of minors under sixteen years in case of a male and under eighteen years in case of a female, or a person of unsound mind. Abduction can be committed in respect of a person of any age.
-In the event of kidnapping, a minor is usually taken away, forcefully or not, without the consent of legal guardian but force, compulsion or deceit are basic elements of abduction.
-Consent of the victim in case of kidnapping is immaterial where in case of abduction absence of voluntary consent is of vital importance.
- Kidnapping moves the victim away from the custody of legal guardian and being so it is a substantive offence but abduction is an auxiliary offence.
According to the section 363 of the Penal Code 1860, a person whoever kidnaps any person from Bangladesh or from any legal guardian shall be punished with imprisonment or either description for a term which may extend to seven years and shall also be liable to fine.
Section 364 of the Penal Code deals about the punishment of kidnapping or abduction where intention is to murder. In such a case the offender shall be punished with imprisonment for life or rigorous imprisonment for a term, which may extend to ten years and shall also, be liable to fine.
In addition to this, if kidnapping or abduction is committed with an intention of wrongful confinement, the offender shall be punished with imprisonment of either description for a term, which may extend to seven years and shall also be liable to fine.
From Law Desk.