BACK TO SECTIONSAIR 1965 SC 942
VariesCognizable: CognizableVaries
THE STATUTE
Original Text
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Simplified
Section 362 defines abduction — compelling or inducing any person of any age to move from one place using force or deceit. Unlike kidnapping from guardianship (only for minors), abduction applies to adults. Abduction itself is a definitional provision without standalone punishment — it is punishable only when combined with a specific criminal purpose in Sections 364–369 (murder, ransom, marriage, slavery, etc.). 'Deceitful means' includes any misrepresentation inducing movement — false job offers, fabricated emergencies, traffickers' recruitment scripts. The distinction between kidnapping and abduction: kidnapping protects the guardian's right over minors; abduction protects any person's freedom of movement regardless of age.
Legal Evolution
Section 362 defines abduction — a companion offence to kidnapping under the IPC. Unlike kidnapping, abduction requires proof of the specific means used (compulsion or deceit) and is not a standalone offence but a component of more serious crimes when combined with guilty intent. Macaulay's drafters carefully distinguished the two concepts, with abduction focusing on the act of taking rather than the victim's guardianship status.
Landmark Precedents
S. Varadarajan v. State of Madras (1965)
RELEVANCE
Distinguished abduction from kidnapping — a minor who goes entirely of their own free will without any enticement by the accused may not constitute abduction under Section 362.
Practical Scenarios
"Forcing someone into a van at gunpoint — abduction by force."
"Luring someone to a location with a fake job interview to hold them captive — abduction by deceit."
Common Queries
Abduction is generally punishable only when accompanied by a specific criminal intent — such as kidnapping for ransom (Section 364A) or abduction of a woman for marriage (Section 366).