BNS Section 138: Abduction
Section 138 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. This provision targets individuals who unlawfully compels residence or safety using threats, deceit, or force. By criminalising such acts, Section 138 seeks to safeguard personal freedom and protect individuals from being subjected to illegal control or exploitation.
Definition of BNS Section 138
Section 138 of the Bharatiya nyay sanhitha BNS 2023 States:
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Explanation and Illustration of BNS Section 138
Section 138 of the Bharatiya Nyaya Sanhita, 2023, defines the offence of abduction. According to this section, a person is said to commit abduction if they either compel someone to move from any place by using force or induce someone to move from any place through deceitful means.
This is a legal provision whereby the victim should be prevented from being forcibly or fraudulently taken from their location against will. The point is on the methods used-forces or deceit-causing the movement of the person involved but with no regard to the distance and the destination for such an act.
Illustration:
Let's assume that Person A, with a false pretext, makes Person B leave his home by telling him that there is an emergency concerning B's family member. Now, after B leaves his house, A forces B to move to a secluded place against his will. Here, A has caused B to move from his place by using deceitful means, which falls under the category of abduction as defined in Section 138 of the BNS. Similarly, if A physically forces B into a vehicle and drives him away from his place without his consent, A has compelled B to move by force, which also falls under abduction under this section.
Key Points in Section 138
- Abduction refers to forcibly or deceitfully making someone leave their location
- Types of abduction are classified by force-coercing through physical strength or threats. Or by deceit manipulating with lies or false promises
- Force involves using threats or physical power to limit freedom of movement
- Deception involves misleading the victim with false information
- Abduction is a criminal offense, regardless of the abductor’s motives
- Perpetrators are held accountable for unlawfully removing individuals.
Differences Between Section 138 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 138 of the Bharatiya Nyaya Sanhita 2023 and its equivalent IPC section 362, focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 138 | Abduction. | 362. | No change |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 138 of the Bharatiya Nyaya Sanhita (BNS)
What is abduction under Section 138 of the BNS?
Abduction is the act of forcibly compelling or deceitfully inducing a person to leave their present location.
What are the two primary modes of abduction?
Abduction may be by force, whereby it is accompanied by physical strength or threats, or by fraud, whereby lies or false promises manipulate the victim.
Does Section 138 apply if the victim agrees to leave the location?
No, abduction under Section 138 refers to the situation where a person is forced or misled to leave against his or her will or through deceit.
What are the punishments for abduction under Section 138?
Abduction is a crime under Section 138 and the abductor can be given legal punishment that includes imprisonment and fines.
Can a person be abducted if he or she follows the abductor willingly?
Yes, if the person is persuaded to leave through deception or force, then it is abduction, even if he or she follows willingly under false pretenses or threats.
Does abduction differ from kidnapping?
Yes, though both are illegal removals, abduction is specifically the act of leaving a place by force or deception, while kidnapping may involve other forms of unlawful restraint or removal.
What are the legal defenses for someone charged with abduction under Section 138?
A valid defense could include proving that no force or deceit was used, or that the act was done with the victim's consent. However, the burden of proof lies with the accused.
