Judicial Dictionary - A
Judicial Dictionary
Legislative Dictionary
Abduction
Category | A |
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Title | Abduction |
Details | Abduction is a wrongful taking away of a person. It is the carrying away of any person by force or fraud. In other words, it is an act of taking of any person from one place to another, by fore or fraud. In kidnapping, consent of the person enticed is immaterial. In abduction, consent of the person removed, if freely and voluntarily given, condones it. In kidnapping the intention of the offender is irrelevant, but in abduction it is the all-important factor. Whoever by force compels or by deceitful means induces any person to go from any place is said to abduct that person. (S. 362 of the Penal Code, 1860) It is always wise when a charge is made in respect of the same occurrence both of kidnapping and abducting that two heads should be made. The point to be seen in each individual case is whether the accused person was prejudiced thereby. When the Judge carefully explained the difference between abduction and kidnapping and the jury fully understood the position and acquitted the accused men of the charge of kidnapping under sec. 366, Penal Code, but convicted them of abduction under sec. 366, Penal Code, the defect of the charge did not prejudice the accused men.( Ebadi Khan v. Emp. 39 Cr. L. J. 674 (676) )
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Created On | May 8, 2010, 7:36 PM |
Hits | 1281 |