Basis

Kidnapping

Abduction

Section

Sec 137, BNS defines kidnapping.

Sec 138, BNS defines abduction.

Meaning

Taking or enticing a minor or a person of unsound mind from the lawful guardian, or taking a person out of India without lawful authority.

Compelling or inducing a person by force or deceitful means to move from one place to another.

Nature of offence

A substantive offence by itself.

Generally, not a substantive offence by itself, it becomes punishable when done with a specific criminal intent.

Consent

Consent of minor is immaterial. Consent of the lawful guardian is the determining factor.

Consent of the person abducted is material. If the person voluntarily accompanied another without force or deceit there is no abduction.

Age factor

Applies to minor or person of unsound mind (or removal from India is the relevant form of kidnapping).

Can be committed against any person irrespective of age.

Means used

Taking or enticing is sufficient. Force is not necessary.

Must involve force or deceitful means.

Continuing offence

Generally completed once the person is enticed away.

A continuing offence so long as the person is being moved by force or deceit.

Lawful Guardian

Presence of a lawful guardian is an essential in kidnapping from lawful guardianship.

No lawful guardian is required.

Intention

Specific criminal intention is not always necessary to complete the offence.

Criminal intention or purpose is usually what makes the abduction punishable.

Scope

Comparatively narrower and confined to specified categories.

Wider in terms of persons affected, but depends on criminal purpose.

Punishment

Punishable as kidnapping under the relevant provision of the BNS.

Punishable depends on the purpose of the abduction under the relevant provisions of BNS.