BNS Section 138: Abduction

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.

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.