Child abduction means unlawfully taking, hiding, retaining, or moving a child to keep that child away from the lawful authority of a parent, legal guardian, or custodian. It involves intentionally interfering with the legal custody or control of a minor without proper permission or legal right.

In simple terms, child abduction occurs when a child is illegally removed from, or kept away from, the person who has lawful responsibility for their care. This act is considered a serious criminal offence in Pakistan and is strictly punishable under the relevant provisions of the Pakistan Penal Code and the Criminal Procedure Code.

Child Abduction can be of two kinds: 1. Parental child abduction; and 2. Abduction or kidnapping by strangers.

Parental Child Abduction

Parental child abduction occurs when a child is removed from the lawful care of a parent or guardian by a family member, most often the other parent, without proper legal authority. This usually happens in situations involving separation, custody disputes, or divorce, where one parent acts in violation of custody orders or decisions issued by the Guardian or Family Courts. In many cases, the act directly breaches established family laws and agreed custody arrangements.

This form of abduction often involves emotional manipulation, sometimes referred to as parental alienation, where a child is deliberately distanced from the other parent and their extended family. Such behaviour can cause serious emotional harm to the child and is widely recognised as a form of psychological abuse. Parental child abduction remains the most frequent type of child abduction worldwide.

In practical terms, parental child abduction may involve taking a child from their usual place of residence without permission or refusing to return the child after an agreed or court-approved period. Even when a parent holds legal custody, they are not permitted to relocate the child—especially across national borders—without the consent of the other parent or approval from the court. When a child is taken to another country under these circumstances, it is known as international parental child abduction.

The consequences of parental child abduction can be severe. Children may suffer long-term emotional distress, anxiety, and loss of stability, while the affected parent and family members often experience lasting psychological and legal challenges. Early legal intervention is essential to protect the child’s well-being and uphold lawful custody rights.

International Parental Abduction

International parental child abduction takes place when a parent unlawfully takes a child across national borders or refuses to return the child to the country where they normally live. This situation often arises during family disputes and can have serious legal and emotional consequences for everyone involved.

To address such cases, the International Child Abduction Prevention and Return Act of 2014 was introduced to support the swift and secure return of children to their country of ordinary residence. The legislation aligns with the 1980 Hague Convention on International Child Abduction and sets out clear procedures to assist authorities in handling cross-border abduction cases efficiently and lawfully.

Under international legal principles, a child’s habitual residence is treated as their rightful place of residence. However, disputes over custody and residence must be settled through legal channels rather than unilateral action. In many situations, children are removed without the consent of one parent, most often the mother. In some instances, particularly involving young girls, forced marriages have been used as a tactic to obstruct their return to their home country.

Pakistan became a signatory to the Hague Convention in October 2020. Despite this, reports released by the United States in 2021 indicated that 17 cases initiated before Pakistan’s accession to the Convention remained unresolved. During 2020, one such case was settled through voluntary cooperation, while two others were closed for separate reasons. The 2022 report, however, did not list any active international child abduction cases pending in Pakistan.

Child Abduction by Stranger

Child abduction by strangers occurs when a child is taken by someone who has no connection to the child or the family. These crimes are committed for unlawful purposes, such as demanding ransom, forcing illegal adoption, human trafficking, child labour, sexual exploitation, or, in extreme cases, causing serious harm or death to the child. Such acts violate the most basic human rights and place children at severe risk of physical and emotional trauma.

Sec. 361 of Pakistan Penal Code 

Kidnapping / abduction from lawful guardianship

This provision explains the offence known as kidnapping from lawful guardianship. It states that a person commits this offence when they remove or persuade a minor being a boy under sixteen years of age or a girl under eighteen years of age or a mentally incapable individual, from the care and control of their legal guardian without the guardian’s permission. Such an act is legally treated as kidnapping from lawful guardianship.

 

Age of Minor

The individual must be below fourteen years of age in the case of a male, or below sixteen years of age in the case of a female.

Object Of Sec. 361

Sec. 361 has two-fold objects:

To safeguard young children from abduction, exploitation, or any form of inappropriate influence.

To uphold and protect the legal rights of parents and lawful guardians who have responsibility and custody of minors or individuals who are mentally incapable.

Punishment

Under the Pakistan Penal Code (PPC), abduction is recognised as an independent criminal offence and is punishable in accordance with the relevant sections outlined below.

Sec. 363 of PPC

Any individual who unlawfully removes or takes a minor from Pakistan or from the care of their lawful guardian commits an offence punishable by imprisonment, which may extend up to seven years, along with the imposition of a monetary fine.

365-A of PPC

Unlawfully taking or holding a person in secret with the intention of restricting their freedom, punishable by up to seven years of imprisonment.

367-A of PPC

Kidnapping or unlawful confinement carried out with the intent to exploit a person for immoral or unlawful sexual purposes is punishable by death or imprisonment for up to twenty-five years.

How SARDAR KHAN & CO  may help?

When a child is wrongfully taken overseas by one parent, it can cause immense emotional distress for the other parent and the entire family. Such actions may amount to a serious legal offence, and the uncertainty that follows often leads to fear, stress, and helplessness. If your child has been taken in this way, immediate action is essential.

We recognise how overwhelming this situation can feel and approach every case with care, urgency, and sensitivity. SARDAR KHAN & CO  has a dedicated team of experienced lawyers who handle international child abduction matters. We act swiftly through the appropriate legal procedures to protect your rights and work toward the safe return of your child as quickly as possible.