Kidnapping literally means child stealing. Under the Penal Code of Bangladesh, the word means carrying away any human being regardless of age or sex.

Abduction differs from kidnapping- (a) In abduction, the removal of the person need not be from the protection of lawful guardianship; (b) the element of force or fraud existing in abduction is absent in kidnapping ; (c) in abduction the age of the person, abducted is immaterial; (d) abduction is a continuing offence.

The offence under section 363, PPC is not continuing offence. A minor is deemed always to be under lawful guardianship, within the freedom which is allowed to him, e.g.; such as he can be shown to be accustomed to practice. [Muhammad Razzaq vs. State, 19 DLR (SC) 379]

For proving the offence of kidnapping the minority of the victim will have to be established at the trial. [Md. Wahed Ali Dewan vs. State & another 1994 BLD (AD) 32]