Bharatiya Nyaya Sanhita: Section 138 – Abduction

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

Simplified Explanation

Section 138 of the Bharatiya Nyaya Sanhita, 2023 deals with the offense of abduction. This section criminalizes the act of compelling or inducing a person to go from one place to another, through either force or deceitful means.

Detailed Explanation of Section 138: Abduction

Key Elements of Abduction:

1. Forceful Compulsion:
   • The section addresses the situation where a person is compelled by force to go from one place to another.
   • This means that physical force or coercion is used to overpower the individual’s will and compel them to move, even if they do not wish to do so.
   • Force can take many forms, including:
     • Threats of violence,
     • Physical restraint or harm,
     • The use of weapons to coerce the person.
   • In this context, “force” means using physical means to make a person comply with the demand of moving from one place to another, regardless of the person’s will.
2. Deceitful Means:
   • Abduction can also occur if a person is induced to go from one place to another through deceptive or fraudulent means.
   • Deceit can include:
     • Lying to the person or tricking them about the nature of the situation or destination,
     • Manipulating their perception to create a false belief that the move is in their best interest or is harmless,
     • Using fake promises or threats to cause the person to agree to go to a particular place.
   • The key here is that the person is induced (influenced or persuaded) to move, not by their own free will, but through false pretenses or fraud.
3. The Act of Abduction:
   • Abduction is completed when a person is forced or deceived into moving from one location to another, often with the intent of illegally taking them or holding them against their will.
   • The essence of abduction is the unlawful removal of a person from a place without their consent, using force or deceit.

Punishment for Abduction:

• Section 138 does not directly specify the punishment within the section itself; however, abduction is generally treated as a serious criminal offense.
• Depending on the circumstances and severity of the abduction, the offender may face penalties such as:
  • Imprisonment (which may be of varying terms depending on the situation),
  • Fine or both.

Distinction Between Kidnapping and Abduction:

• Kidnapping and abduction are often confused but have distinct legal definitions:
  • Kidnapping involves taking a person without consent, typically for the purpose of removal from India or from lawful guardianship (such as a child or a person of unsound mind).
  • Abduction, as defined in Section 138, involves compelling or inducing a person to go from one place to another, either by force or through deceitful means. While both crimes involve taking a person without their consent, abduction can occur within the same jurisdiction, and deceit plays a larger role.

Illustrations of Abduction:

1. Forceful Compulsion:
   • A person is physically dragged into a vehicle by another person and taken to an unknown location. This is an example of abduction by force.
2. Deceitful Inducement:
   • A person convinces another person to go to a different city by lying to them about the purpose of the trip (e.g., telling them they are going for a job opportunity, when in fact, they are being taken for illegal purposes). This is an example of abduction by deceit.

Legal Protection and Preventive Measures:

• Abduction is a serious offense because it often leads to further crimes, such as:
  • Rape,
  • Human trafficking,
  • Illegal detention,
  • Extortion.
• The legal provisions are intended to safeguard personal freedom and ensure that individuals cannot be coerced or deceived into leaving their homes or places of residence.

Summary:

• Section 138 of the Bharatiya Nyaya Sanhita criminalizes the act of abduction, which is the act of forcing or deceiving a person to leave their current location and go to another place.
• The crime involves either physical coercion or deceptive persuasion, both of which take away the individual’s autonomy and can lead to further criminal activities.
• The punishment for abduction is typically severe, reflecting the seriousness of unlawfully taking someone’s freedom of movement.