Side-by-Side Comparison

362 vs 138

The definition of Abduction by force or deceit has moved from IPC 362 to BNS 138.

What Changed?

Direct renumbering from 362 to 138.

No conceptual changes in the definition.

Verdict

"Continues to distinguish abduction (often an auxiliary crime) from kidnapping."

Detailed Analysis

OLD LAW (IPC)

362

Act of 1860

Abduction

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

PunishmentVaries — see Sections 364–366

REFORM

NEW LAW (BNS)

138

Act of 2024

Abduction

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

PunishmentN/A (definitional — punishment depends on purpose of abduction)

1860

362 Origin

2024

138 Reform

Legal Implications

While kidnapping is often an offence on its own, abduction (BNS 138) is frequently a preliminary act to other crimes like murder or extortion. The BNS retains the requirement of force or deceitful means as the core elements of abduction.

Practical Scenarios

"Forcing someone into a vehicle at gunpoint (BNS 138)."

"Lying to a person to get them to go to a secluded place for criminal purposes (BNS 138)."

Expert Q&A

Is abduction a standalone offence?

Abduction is generally punishable when combined with intent to do harm (e.g., BNS 140-144).

What is the difference between abduction (362) and kidnapping (360/361)?

Abduction (Section 362) applies to persons of any age and requires force or deceit. Kidnapping from guardianship (Section 361) applies only to minors (boys under 16, girls under 18) and requires no force — merely taking them without guardian's consent suffices. A minor's consent is irrelevant in kidnapping; in abduction, an adult's free consent negates the offence.

Is abduction a standalone punishable offence?

Abduction (Section 362) is a definitional provision without standalone punishment. It becomes punishable when combined with a specific criminal purpose — murder (Section 364), ransom (Section 364A), compelled marriage (Section 366), or forced labour (Section 374).

What is the BNS equivalent of IPC 362?

IPC Section 362 (Abduction definition) is now BNS Section 138. The definition is unchanged — compelling or inducing any person to move from any place using force or deceitful means.

Related IPC Sections

364 : Kidnapping to Murder...366 : Abduction to Compel Marriage...

Related BNS Sections

88 : Kidnapping from Lawful Guardia...139 : Abduction to Compel Marriage...96 : Trafficking of Persons...

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