Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Abduction under BNS (S. 138)
Abduction is a grave offence that directly interferes with an individual’s freedom of movement and personal autonomy. Under the Bharatiya Nyaya Sanhita, 2023, abduction is addressed as a distinct offence, separate from kidnapping, with its own essential ingredients and legal consequences. While both offences involve the unlawful removal of a person, the law differentiates them based on factors such as consent, age, means employed, and intention.
Unlike kidnapping, which primarily concerns minors or persons of unsound mind taken from lawful guardianship, abduction focuses on the use of force, compulsion, or deceit to induce any person to move from one place to another. The emphasis is not merely on the act of taking but on the method adopted and the intention behind such conduct. Consequently, abduction becomes punishable when it is committed with specific criminal intent, such as for murder, ransom, forced marriage, trafficking, wrongful confinement, or sexual exploitation.
This article explores the legal definition, essential elements, punishments, and judicial interpretation of abduction under the Bharatiya Nyaya Sanhita, providing a clear and structured understanding of this significant offence.
Abduction under BNS
Section 138 BNS:
Abduction:
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Ingredients of Section 138 BNS:
To establish the offence, the prosecution must prove:
- There is compelling of an individual by force or inducing by deceitful means; and
- It causes such person to go from any place.
In general, abduction refers to the act of taking someone away by force or deception, but it may not necessarily involve the intention to harm or exploit the individual. For Example: A divorced couple has joint custody of their child, and there exists a court-issued order that outlines the visitation rights of the non-custodial parent. If the non-custodial parent takes the child and retains custody without the custodial parent’s consent or in defiance of the court order, it may be classified as abduction according to legal standards.
The offence of abduction is committed as many times as the person is moved from one place to another. For Example: A is taken from her house and then sent to city X, from where she is moved to city Y. In this case, abduction is committed twice, once, when she was moved from her house to city X and then again when she was moved from city X to city Y.
The term ‘by force’ suggests that there should be actual use of force and not a mere show/threat of force.
Examples of Abduction:
- False Promise of Employment: A person lures someone to another city by falsely offering a high-paying job, with the hidden intention of exploiting or trafficking them.
- Fake Marriage Proposal: An individual deceives a woman into leaving her home by promising marriage, while having no intention to marry and instead intending exploitation or forced confinement.
- Impersonation: Pretending to be a police officer, government official, delivery agent, or relative to gain trust and convince someone to accompany them.
- False Emergency Information: Telling a person that a family member is seriously ill or injured to induce them to leave their current location and accompany the accused.
- Fraudulent Educational or Travel Offers: Luring a minor or adult with fake admission offers, scholarship claims, or foreign travel opportunities to move them for illegal purposes.
- Online Deception (Cat-fishing): Creating a fake identity on social media to emotionally manipulate someone into meeting in person and then transporting them elsewhere for unlawful purposes.
- Misrepresentation of Intent: Inviting someone for a harmless purpose (e.g., a party, meeting, or trip) while secretly planning to confine, assault, or otherwise harm them.
Judicial Analysis of Abduction:
In State of West Bengal v. Mir Mohammad Omar, AIR 2000 SC 2988 case where the victim, was doing small business in Calcutta. The accused, wanted him to pay the protection money for allowing him to do his business without any hindrance or obstructions. But the victim did not agree to their demands which led to a fight. After few days the accused went to victim’s house and threatened to hurt him. The victim took asylum at his friend’s house for the night. The accused went to victim’s friend’s house and forcibly took the victim to the Rickshaw, but the victim escaped and went to a neighbour’s house where he took asylum. The accused reached there and dragged victim out and beaten by a lathi and taken away. The neighbour lodged a police complaint that very night. The court held that there is enough evidence to show that victim was abducted. It was said that abduction takes place when a person is compelled by force to go from a place. In this case, victim was taken away from two places, first from his friends’ place, which he escaped and second from the neighbour’s place. In both instances, force was used. Hence, the accused were held liable.
The term ‘deceitful’ suggests means and methods by which a person is misled or led to believe in something false. According to Section 138 BNS, the other way abduction can take place is by inducing someone to go from someplace by misleading him/her to do something he/she would not normally do. The scope of inducement here is very wide. For Example: ‘A’ is a man who wears the uniform of a police officer to convince a girl, ‘B’ to come to his house with him, and because of his misrepresentation she goes with him. In this case, ‘A’ uses deceitful means to commit the offence of abduction.
Abduction itself is not an offence. Abduction is an offence if it is done with the intention to commit murder, wrongfully confine a person, and induce a woman to compel her marriage, subject a person to grievous hurt, slavery, etc., steal from a person below 10 years.
Distinguishing Between Kidnapping and Abduction:
| Kidnapping | Abduction |
| Kidnapping is defined under Section 137 of the Bharatiya Nyaya Sanhita, 2023. | Abduction is defined under Section 138 of the Bharatiya Nyaya Sanhita, 2023. |
| The offence of kidnapping is committed against a child or a person of unsound mind. | There is no provision for age in the case of abduction, any person can compel any other person by force and deceitful means to move from one place to another. |
| In the case of kidnapping, the person kidnapped is removed from his/her lawful guardianship. | In order to determine the offence of abduction, lawful guardianship is immaterial. |
| A person is simply taken away therefore means used to kidnap is not appropriate. | Force, fraud, or deceit are the means employed in abduction. |
| The consent of the lawful guardianship matters whereas the consent of the person kidnapped is not necessary. | The consent of a person plays an important role in abduction. Abduction is said not to be committed if there is a presence of free and voluntary consent of the abducted person. |
| The intention of a person to commit the offence, of kidnapping, is immaterial. | The intention is not immaterial in the case of abduction, which means a person is liable to have committed abduction only if there is ill intention behind the same. |
| Kidnapping is a more serious offence. | Abduction is less severe as compared to kidnapping. |
| Not a continuing offence. As soon as the person or minor is separated from his/her lawful guardianship, the offence is completed. | A continuing offence as the place of the abducted person changes from one place to the other. |
| Punishment for kidnapping is mentioned under Section 137(2) which is imprisonment extending to 7 years and a fine. | It is not punishable unless done with the intention to commit an offence mentioned under Sections 87, 97, and 140 to 142 of the BNS. |
Conclusion:
Abduction under the Bharatiya Nyaya Sanhita (BNS) represents a serious offence that directly infringes upon an individual’s personal liberty and security. While the BNS retains the core principles previously recognized under the Indian Penal Code, it reinforces the importance of protecting individuals—especially women and children—from unlawful coercion, force, and deceit.
The law makes it clear that abduction in itself becomes punishable depending on the intent behind the act, such as for murder, forced marriage, trafficking, sexual exploitation, or wrongful confinement. By focusing on intention and circumstances, the BNS ensures that the gravity of punishment aligns with the severity of the offence.
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