IPC Section 362 Abduction and BNS Section 138
Understand the definition of abduction, the legal requirements of force or deception, and when abduction attracts criminal punishment under Indian law.
Definition under IPC Section 362
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Section 362 IPC defined abduction. The provision is a definition rather than a standalone penal clause specifying a sentence.
Current provision: BNS Section 138
Section 138 of the Bharatiya Nyaya Sanhita, 2023 retains the same definition: a person abducts another if the person uses force to compel movement, or deceitful means to induce movement, from any place.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) or the National Crime Records Bureau section-wise text.
Essential ingredients of abduction
- Compulsion by force: the person is compelled by force to move from a place; or
- Inducement by deceit: dishonest or deceptive means induce the person to move; and
- Movement: the conduct causes the person to go from a place.
The definition is not restricted to children. Whether an offence is punishable depends on the additional requirements of the applicable penal provision.
Is abduction punishable under Section 138 BNS?
Section 138 BNS defines abduction but does not itself prescribe a punishment. Punishment may arise when the abduction satisfies the ingredients of another provision, such as Section 140 BNS (kidnapping or abduction for specified purposes, including murder or ransom) or other applicable offences. The purpose, knowledge, intent and surrounding facts determine the charge and sentence.
Difference between kidnapping and abduction
Kidnapping: Section 137 BNS addresses kidnapping from India and kidnapping from lawful guardianship, with its own requirements and punishment. Abduction: Section 138 BNS focuses on compelling movement by force or inducing movement through deceit, regardless of the person's age. The two concepts should not be treated as interchangeable.
Illustrative examples
If a person forcibly makes another person enter a vehicle and drives away, the act may meet the definition of abduction. Similarly, inducing a person to leave a location through a deceptive pretext may constitute abduction if the statutory ingredients are established. Whether further punishment follows depends on other relevant provisions and the evidence.
Frequently asked questions
What is the new BNS section for IPC Section 362?
Section 138 BNS is the corresponding provision defining abduction.
Does abduction require crossing a state or national border?
No. The definition refers to compelling or inducing a person to go from any place; crossing a border is not an element.
Can an adult be abducted?
Yes. Section 138 BNS refers to any person, subject to the requirements of force or deceitful inducement.
Official legal references
Bharatiya Nyaya Sanhita, 2023 - official statutory text | India Code - BNS Act record.
Disclaimer: This page provides general legal information and does not replace advice on specific facts.