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Section 138: Abduction

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Court of Session
Non-Bailable
Cognizable
Formerly Sec 362 IPC
Section 137 All 358 Sections of Bharatiya Nyaya Sanhita Section 139

Legal Commentary & Landmark Judgments: Section 138

Section 138 provides the statutory definition of 'Abduction', establishing that whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

  • Two Causation Modes: Achieved ONLY: (1) By force compelling, OR (2) By deceitful means inducing the person to move.
  • Applies to Any Person: Unlike kidnapping (restricted to minors/insane), abduction applies to adults and minors alike.
  • Auxiliary Offence Standard: Abduction per se is NOT an offence; it becomes punishable only when accompanied by a specific criminal purpose (e.g. to murder, extort ransom, or compel marriage under Sections 140, 87 BNS).
Key Landmark Precedents:
  • State of Haryana v. Rajinder Singh (1996) 8 SCC 418: The Supreme Court emphasized that abduction under Section 362 IPC (Section 138 BNS) requires force or deceit; voluntary accompaniment without deception does not constitute abduction.
  • Kavita Chandrakant Lakhani v. State of Maharashtra (2018) 6 SCC 664: Affirmed that abduction is a continuing offence and requires proof of coercive intent.
Courtroom Practice & Strategic Litigation Guidance:

Remember that no one can be convicted of 'abduction' alone. If an FIR alleges only Section 138 BNS without specifying kidnapping for murder (140) or marriage (87), move for quashing under Section 528 BNSS: abduction without a statutory penal nexus is legally non-actionable.

Section 137 All 358 Sections of Bharatiya Nyaya Sanhita Section 139