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Kidnapping and Adaption

Kidnapping and abduction are similar crimes involving the unlawful taking away of a person. Kidnapping from Burma involves conveying a person beyond Burma's limits without their consent. Kidnapping from lawful guardianship entails enticing a minor or person with unsound mind from their guardian. Abduction involves forcibly or deceitfully making someone go from one place to another. The key differences are that kidnapping has age requirements for victims while abduction does not, and kidnapping involves removal from one's country or guardian while abduction solely requires making someone go from one place. Punishments for kidnapping are up to 7 years imprisonment and fine, while abduction for murder purposes carries 20 years to life

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74 views

Kidnapping and Adaption

Kidnapping and abduction are similar crimes involving the unlawful taking away of a person. Kidnapping from Burma involves conveying a person beyond Burma's limits without their consent. Kidnapping from lawful guardianship entails enticing a minor or person with unsound mind from their guardian. Abduction involves forcibly or deceitfully making someone go from one place to another. The key differences are that kidnapping has age requirements for victims while abduction does not, and kidnapping involves removal from one's country or guardian while abduction solely requires making someone go from one place. Punishments for kidnapping are up to 7 years imprisonment and fine, while abduction for murder purposes carries 20 years to life

Uploaded by

Yuichi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Kidnapping and Abduction

Hello. My name is Khin Lynn Lett. I’m intern from TNY Legal. Today, I’m going to talk about
kidnapping and abduction.

The terms kidnapping and abduction are quite similar.


Let me talk about kidnapping first. At common law, kidnapping includes abduction
by force, stealing or carrying away of a person from one’s own country to
another.
According to section 359, there’re two types of kidnapping that is kidnapping
from the Union of Burma and kidnapping from lawful guardianship.
Kidnapping from the Union of Burma
According to section 360, whoever conveys any person beyond the limits of the
Union of Burma 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
the Union of Burma.
Kidnapping from lawful guardianship
Section 361 of the Code provides that when a person entices a child which is 16
years for male and 18 years for female or a person of unsound mind, person will
be held liable for kidnapping person from lawful guardianship. The words “lawful
guardian” in this section include any person lawfully entrusted with the care or
custody of such minor or other person.
For example, like
A kidnaps B from the union of Burma, knowing or intending B to be kidnapped, A
has committed the crime shown by section 360.
Abduction
In section 362, Whoever to make any person to go from any place by force or
induce in deceitful way to someone is said to abduction.
For example, like
A forcibly carries or entices B away from his home in order that B may be
murdered. A has committed the offence defined in this section.
Difference between kidnapping and abduction is

 In case of Kidnapping, the age of the aggrieved person as according to


Section 361 is 16 in case of males and 18 in case of females.
 In case of Abduction, there is no such thing as age. Any person either by
force has compelled or induced any other person to go from any place
irrespective of the age, shall be sued with abduction.

Punishment

Whoever kidnaps any person from the Union of Burma or from lawful
guardianship shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine
according to section 363.

Whoever kidnaps or abducts any person in order that such person may be
murdered, or may be disposed of/ as to be put in danger of being murdered,
shall be punished with imprisonment for a term of twenty years, or rigorous
imprisonment for a term which may extend to ten years, and shall also be
liable to fine according to section 364.

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