ABDUCTION under Indian Penal Code

ABDUCTION under Indian Penal Code

Criminal Law Indian Penal Code LAW EXPLAINED
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INTRODUCTION

Offences affecting human body and life are a threat and attack on the freedom of the citizens of the country. This is required that freedom of citizens is preserved by the law. The Indian Criminal Law has made various provisions regarding the offences affecting human body and life. This article explores the meaning and provisions of abduction.

ABDUCTION

Abduction refers to compelling a person to go from a place to another place. Chapter XVI of the Indian Penal Code, 1860 is about the offences affecting the human body and offences affecting life. Section 362 of the Indian Penal Code, 1860 defines abduction. When a person by force compels or by deceitful means induces any person to go from any place, it is said that person is abducted. The essentials of abduction are as follows:

  • Forceful compulsion or Deceitful Inducement

To constitute the offence of abduction, actual use of force or any inducement is necessary. Forceful compulsion refers to when a person is forced to move from one place to another, against his will.

The term ‘deceitful inducement’ refers to when a person is mislead to do something that a person would not do in normal circumstances.

For example, if a person ‘A’ says to a boy ‘B’ that he is friend of his father and his father has asked him to take him to home. And, ‘B’ goes with him due to misrepresentation. Here, ‘A’ has committed abduction by deceitful means.

  • Going of a person from any place

The offence of abduction is completed when forceful compulsion or deceit has led the person to go from a place to another place.

Abduction is a continuing offence

The offence of abduction is a continuous offence. The persons who are involved in subsequently moving the person to other places are also liable for the offence of abduction.

Other forms of Abduction

Abduction is only an auxiliary act which is not punishable in itself and is made criminal only when it is done with one or other of the intents specified in Section 364 to 369.

The other forms of abduction are as follows:

  1. Abducting in order to murder (Section 364) – punishment of imprisonment for life or rigorous imprisonment for a term that may extend to ten years and also fine.
  2. Abducting for ransom (Section 364 A)punishment of death, or imprisonment for life and fine.
  3. Abducting with intent secretly and wrongfully to confine person (Section 365) – punishment of imprisonment for a term that may extend to seven years and fine.
  4. Abducting woman to compel her marriage (Section 366) – punishment of imprisonment for a term that may extend to ten years and fine.
  5. Procuration of minor girl (Section 366 A) – punishment of imprisonment that may extend to ten years and fine.
  6. Importation of girl from foreign country (Section 366 B) – punishment of imprisonment that may extend to ten years and fine.
  7. Abducting in order to subject person to grievous hurt, slavery, etc (Section 367) -punishment of imprisonment for a term that may extend to ten years and fine.
  8. Wrongfully concealing or keeping in confinement the abducted person (Section 368) – punishment in the same manner as if he has kidnapped or abducted such person.
  9. Abducting child under ten years with intent to steal from its person (Section 369) – punishment of imprisonment that may extend to seven years and fine.

These sections apply for kidnapping also.

CASES

  1. Mahbub v. R1

An orphan girl of 17 years of age was brought up by M. The neighbour ‘A’ induced the girl to leave her house and assured her that either he will marry her or get her married. He did neither and handed her over to his friend. The court held ‘A’ guilty of abduction. The court also observed that the term ‘deceitful means’ is wide and it includes inducing of a girl to leave her house by means of representation that he would marry him or arrange her marriage with someone else.

  1. Bahdur Ali v. King Emperor2

A girl was kidnapped and when she, somehow, managed to escape from kidnappers, a person misrepresented to her that he is a police constable. The person took her to his home and used her there. He also took ransom from her mother. The court held that the person committed the offence of abduction.

CONCLUSION

The protection of freedom of the citizens of the country is very important and hence, the provisions regarding abduction are also important.

SOURCES:

1 (1905) 6 Cri. L.J. 9

2 AIR 1923 Lah 158

Books referred:

  1. Ratanlal & Dhirajlal: The Indian Penal Code (PB) 36th Edition, Lexis Nexis, 2020
  2. N. Mishra : The Indian Penal Code, Nineteenth Edition, Central Law Publications, 2014
This blog is written by Jyotsna Singh, Banasthali Vidyapith

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