BNS Section 138 – Abduction

IPC Section – 362

Abduction
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Abduction (BNS-138)

1. What is Abduction?

Abduction is defined as the act of forcibly compelling or deceitfully inducing a person to leave their current location. It involves two primary methods:

• Force: Using physical strength or intimidation to compel a person to move.
• Deceit: Using trickery, lies, or false pretenses to induce a person to leave their location.

2. Key Elements of Abduction

a. Compulsion by Force

• The use of physical strength or threats to coerce someone into moving against their will.
• This includes actions that limit the person’s freedom of choice.

b. Deception or Inducement

• Using lies, fraud, or false promises to convince someone to move to a different place.
• The victim’s decision to move is based on false information provided by the abductor.

3. Legal Consequences

• Abduction under BNS-138 is treated as a criminal offence, regardless of the intention behind the act (e.g., harm, exploitation, or other purposes).

4. Purpose of the Law

• The law aims to protect individuals from being forcibly or deceitfully taken from their location.
• It emphasizes the importance of free will and consent in determining whether an act constitutes abduction.

Summary of Abduction