This statement accurately highlights a crucial distinction between kidnapping and abduction under Indian criminal law, primarily governed by the Indian Penal Code (IPC), 1860.

Kidnapping (Sections 359-363, IPC):

Kidnapping is a substantive and complete offence in itself. It is defined in two forms:

1. Kidnapping from India (Section 360): Taking or enticing any person out of India without the consent of that person, or of some person legally authorized to consent on behalf of that person.
2. Kidnapping from Lawful Guardianship (Section 361): Taking or enticing any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian. The explanation clarifies that the word 'lawful guardian' includes any person lawfully entrusted with the care or custody of such minor or other person.

Key characteristics of Kidnapping:

• Age/Mental Capacity: It primarily concerns minors (under 16 for males, 18 for females) or persons of unsound mind. Consent of the minor or unsound person is irrelevant.
• Lack of Consent of Guardian: The crucial element is the absence of consent from the lawful guardian.
• Taking or Enticing: The act involves either physically taking the person or inducing them to leave.
• Substantive Offence: Kidnapping is an offence regardless of the subsequent intention or purpose of the kidnapper. The act of taking/enticing itself, under the specified conditions, constitutes the crime.
• Mens Rea: The intent required is merely the intent to take or entice the person out of lawful guardianship or out of India, knowing that the guardian's consent is absent.

Abduction (Section 362, IPC):

Abduction is defined as 'whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.'

Key characteristics of Abduction:

• No Age Limit: Abduction can be committed against any person, regardless of age or mental capacity. The consent of the abducted person, if obtained by force or deceit, is not a defense.
• Force or Deceit: The means used must be either force (compulsion) or deceitful means (inducement).
• Going from any place: The person is made to move from one place to another.
• Not a Substantive Offence by Itself: This is the critical point. Section 362 merely defines abduction. It does not prescribe any punishment for abduction alone. Abduction becomes punishable only when it is committed with a specific criminal intent, as outlined in subsequent sections of the IPC.

Abduction becomes an offence when committed with a criminal intent:

Abduction is an auxiliary act, which, when coupled with a specific criminal intent, becomes a punishable offence. Examples of such intents include:

• Section 364: Abduction in order to murder.
• Section 364A: Kidnapping or abduction for ransom.
• Section 365: Abduction with intent to secretly and wrongfully confine a person.
• Section 366: Abduction of a woman to compel her to marry or to induce her to illicit intercourse.
• Section 367: Abduction in order to subject a person to grievous hurt, slavery, etc.
• Section 368: Wrongfully concealing or keeping in confinement a kidnapped or abducted person.

Conclusion:

Therefore, the statement is correct. Kidnapping is a complete offence once the act of taking or enticing a minor/unsound person from lawful guardianship (or out of India) without consent is established. The subsequent intention of the kidnapper is irrelevant to the completion of the offence of kidnapping itself. In contrast, abduction, as defined in Section 362, is merely the act of moving a person by force or deceit. It only transforms into a punishable crime when this act is performed with a specific criminal intent, such as murder, wrongful confinement, or illicit intercourse. Without such an intent, the act of abduction itself does not attract penal consequences under the IPC.