LEGAL CONSIDERATIONS PERTAINING TO THE OFFENSE OF ABDUCTION

Abstract

An individual is criminally liable only if they commit an act designated as an offense by the prevailing law at the time of the act, which also prescribes a penalty. Therefore, the offender's sanction must correspond to the law's penalty at the time of the crime. Social peace is the goal of this rule. Even when a child or minor is removed and the victim is the parent, guardian, or caregiver, criminal law protects victims' physical safety and property and guardians' rights over them. Sections 317–319 of the Criminal Code define culpability for child abduction. Some child abductors were punished, while others were not. Lack of a defined legal definition of "abduction" in criminal law may explain this disparity. Additionally, English child abduction laws clearly define the phrase as the unlawful taking of a child. The research suggests that "abduction" should be expanded to include removing a child from a responsible person, preventing a child from returning, or guiding, assisting, or motivating a child to remain away from an accountable person.