IPC Section 362: Abduction - Definition and BNS Section 138
Section 362 of the Indian Penal Code, 1860 defined abduction through force or deceitful inducement. Section 138 of the Bharatiya Nyaya Sanhita, 2023 (BNS) now contains the corresponding definition.
Text of Section 362 IPC - Abduction
Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.
Section 138 BNS - Meaning of Abduction
Section 138 of the Bharatiya Nyaya Sanhita, 2023 defines abduction in substantially the same terms: compelling a person by force, or inducing a person by deceitful means, to go from any place. The definition is not limited to children; it can apply to persons of any age.
Essential Ingredients of Abduction
- Force or deceit: The accused must either compel movement by force or induce it by deceitful means.
- Movement: The person must be caused to go from a place; the definition does not require crossing a national or state boundary.
- Causal connection: The force or deception must be connected to the person's movement.
- Context of the offence: To establish criminal liability under a particular punishment provision, the prosecution must also prove the additional statutory elements of that offence.
Is Abduction Punishable Under Section 362 IPC or Section 138 BNS?
Neither Section 362 IPC nor Section 138 BNS independently sets out a punishment. Punishment arises where abduction is committed with an additional prohibited purpose or in circumstances covered by another penal section, such as abduction to murder, abduction for ransom, wrongful confinement, or compelling marriage. The precise section and sentence depend on the proven facts.
Difference Between Kidnapping and Abduction
Kidnapping from lawful guardianship focuses on taking or enticing a child or other protected person from lawful guardianship without the guardian's consent. Abduction focuses on compelling movement by force or inducing movement by deceit. The age of the person, consent, method of movement and specific statutory purpose can materially affect which provision applies.
Examples
Force: A person is physically compelled to enter a vehicle and taken elsewhere. This may satisfy the definition of abduction, subject to proof.
Deceit: A person is intentionally misled about the destination or reason for travel and thereby induced to move. Whether this is abduction depends on the facts and evidence.
Historical Case-Law References on Section 362 IPC
The following citations were carried over from the original page for research. They are historical references, not verified summaries of their holdings; older or ambiguous citations should be checked against authoritative law reports before reliance.
- Nanhua Dhimar (1930) 53 All. 140
- Kamal Dass (1865) 2 WR Cr 7
- Nuru (1950) 51 Cri. LJ 29
- Barret (1881) 15 Cox 658
- Allahrakhio AIR 1934 Sind 164
- Fatnaya (1942) 23 Lah. 470
- Ganga Dei AIR 1914 All. 17
- Natha Singh (1883) PR No. 11 of 1883
- Allu AIR 1925 L 512
- Vinod Chaturvedi v. State of Madhya Pradesh AIR 1925 Oudh 328
Official Legislation and Further Reading
For the authoritative statutory text and amendments, consult the India Code official legislation database and locate the Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), Section 138, or the Indian Penal Code, 1860, Section 362. Consult the Ministry of Home Affairs for commencement notifications and official updates.
Frequently Asked Questions
What is the new BNS section for IPC Section 362?
Section 138 BNS corresponds to the definition of abduction formerly found in Section 362 IPC.
Is every abduction automatically punishable?
No. The definition must be read with a substantive penal provision that prescribes punishment for particular conduct and circumstances.
Can an adult be abducted?
Yes. The statutory definition is not restricted to minors.