Is it an Abduction or Kidnapping?

Kidnapping and abduction in layman’s definition are just two interchangeable and similar terms pertaining to the same act or crime. However, there are a lot of confusions surrounding the two terms because of how each are used with regard to the separate individual jurisdictions around the world. In the English scope and Wales, abduction can mean the taking away of a child with the latter’s consent even without the consent, knowledge or permission of the child’s parents. Also, if the child is below 16 years old the act will be classified as a form of child abduction. In other countries, this age border may be lowered or raised.

Kidnapping may also refer to the taking away of a minor without his will. This means that a 3rd party may it be a close relative or a complete stranger doesn’t commit a crime if he takes away the child with the latter’s permission and without his or her parent’s knowledge. It is even more suggestive of kidnapping when the parents take their child somewhere against his or her will.  Others claim that the difference between the two is in the purpose. Taking somebody against his or her will without making known the intent of the abductor or only until the victim has been recovered is described as abduction. The abductor maintains a low key profile and may even keep the victim as a secret captive.  Kidnapping, on the contrary, are more inclined to monetary objectives. The kidnapper also takes somebody against his or her will and holds the victim hostage. The victim will be an element for bargaining, negotiation, and or ransom. Thus, the true intension for kidnapping someone is almost always revealed immediately after the kidnapping incident.

According to other jurisdictions like the Court of Orissa (India), the High Court specifically defines kidnapping as the taking away of a minor and must be against the victim’s will. Conversely, abduction is the taking away of a person (not mentioned if a minor or an adult) wherein the victim is compelled or induced deceitfully to go with the abductor. Hence, it is safe to say that abduction can refer to either minor or major victims. With regard to punishment (still under the law of Orissa), kidnapping is very punishable by law whereas abduction is not punishable unless the ultimate purpose or goal of the abductor will be known. It is with that purpose where the gravity of the punishment depends.

Today, kidnapping and abduction are not that confined to the age of the victim. Either a child or an adult can be kidnapped or abducted. Hence, both terms can be used to describe either case.

The Summary

1)    In abduction, the goal of the abductor is not that known unlike the goal of a kidnapper who states his demands after the kidnapping. Kidnapping is also more inclined to monetary gains for the kidnapper(s).

2)    Under the law of Orissa, abduction is when the victim is either a minor or a major whereas in a kidnapping the victim must always be a minor.