Abduction - Definition - Law Dictionary Home Dictionary Definition abduction

Definition :

Abduction: (1) The forcible or fradulent taking away of a woman. It is felony:-

(a) Where any person from motives of lucre takes away or detains any woman who has any interest in any property (even a presumptive expectation) with intent to marry or carnally know her or to cause her to be married or carnally known. (b) Where any person fradulently allures, takes away or detains with like intent such a woman under 21 out of the possession and against the will of her parent or other person having the lawful care of her. In either of these two cases a person convicted is incapable of taking any estate or interest in the woman's property, (English) Offences against the Person Act, 1861. (c) Where any person by force takes away or detains any woman being of age with like intent (Ib. s. 54). It is a misdemeanour:-

(a) Where any person takes away an unmarried girl under 16 out of the possession and against the will of her parent or other person having lawful charge of her (Ib. s. 55). A bona fide belief on reasonable grounds that the girl is over 16 is no defence, R. v. Prince, LR 2 CCR 154. (b) Where any person takes away any unmarried girl under 18 out of the possession and against the will of her parent or other person having the lawful charge of her with intent that she shall be unlawfully and carnally known, Criminal Law Amendment Act, 1885, s. 7. Reasonable belief that the girl was 'over 18' is a defence (Ib.).

(2) The offence of unlawfully taking or enticing away or detaining any child under 14 by force or fraud with intent to deprive any parent or other person having the lawful charge of such child of the possession of the child or with intent to steal any article upon or about the child is a misdemeanour. The receiving or harbouring of such child with like intent knowing the child to have been taken or enticed away or detained as aforesaid is a misdemeanour, (English) Offences against the Person Act, 1861 (24 & 25 Vict. C. 100), s. 56, and see (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12).

(3) The Common Law misdemeanour of forcibly stealing or carrying away any person, sometimes known as kidnapping and more accurately described as assault and false imprisonment. Where the person carried away is taken abroad the offence falls within the (English) Habeas Corpus Act, 1679 (31 Car. 2, c. 2), s. 11.

(4) The removal of a ward of Court out of the jurisdiction: this is Contempt of Court (q.v.). See GUARDIAN.

The statutes 13 Edw. 1, c. 34 & 35, dealing with the carrying away of married women with the goods of their husbands, the abduction of nuns and of wards appear no longer to be of practical effect. See ABUSING CHILDREN; CHILDREN; RAPE.

On a plain reading, of that clause there does not seem to be any reason for holding that the word 'abducting' used there means anything more than what is defined as 'abduction' in s. 362. the word 'abducting' is used in the fifth clause, that word by itself need not be an offence in order that that clause may be taken advantage of by or on behalf of a person who is assaulted with intent to abduct. All that the clause requires is that there should be an assault which is an offence against the human body and that assault should be with the intention of abducting , and whenever these elements are present the clause will be applicable (Penal Code 1860), Vishwanath v. State of Uttar Pradesh, (1960) 1 SCR 646: AIR 1960 SC 67.

Takes place when a person is compelled by force or such person is induced by any deceitful means to go from any place. The important task for prosecution to establish the offence under section 364, IPC is to demonstrate that abduction of a person was for murdering him. Even if the murder did not take place, the offence would be complete if the abduction was completed with the said objective, State of West Bengal v. Mir Mohammad Omar, (2000) 8 SCC 382.

Is the act of leading someone away by force or fraudulent persuasion, Black Law Dictionary, 7th Edn., p. 3.