abduction
Under the BNS a person abducts another when, by force or by deceitful means, he compels or induces that person to go from any place. Abduction by itself is not punishable; it becomes an offence when done with a further intent, such as to murder, to compel marriage, or to subject the person to grievous hurt or slavery.
Students often confuse it with kidnapping. Kidnapping from lawful guardianship concerns a minor or person of unsound mind and is complete once the child is taken out of the guardian's keeping, even with the child's consent. Abduction can be of any person of any age, requires force or deceit, and is a continuing offence as long as the person is moved from place to place.
Example
Because the accused lured the 25-year-old woman away by a false promise of a job, intending to force her into marriage, it was abduction punishable under s.87 BNS, not kidnapping.
In Indian law
- Section 138, Bharatiya Nyaya Sanhita, 2023 (old s.362 IPC): definition of abduction
- Section 87, Bharatiya Nyaya Sanhita, 2023 (old s.366 IPC): abduction to compel marriage
See also
kidnapping · wrongful restraint · rape
Read more in the study notes
- Kidnapping, abduction, slavery and forced labour (Bharatiya Nyaya Sanhita)
- Processes to compel appearance and production of things (Bharatiya Nagarik Suraksha Sanhita)
- The right of private defence (Bharatiya Nyaya Sanhita)
- Offences relating to marriage: dowry death, bigamy and cruelty (Bharatiya Nyaya Sanhita)
- Offences against children (Bharatiya Nyaya Sanhita)
- Abetment of suicide, organised crime and terrorist act (Bharatiya Nyaya Sanhita)