Section 138 defines "abduction" as compelling any person by force, or inducing any person by deceitful
means, to go from any place.
Please note: This page reflects our understanding of the law as of the date it was
last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret
this law, and this page may not yet reflect the most recent change. Please verify the current text
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relying on this page.
Corresponding Provision Under Prior Law
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan
Portal), which maps Section 138 to old IPC Section 362, and cross-checked directly against the bare
text of both Acts.
BNS section
IPC, 1860 equivalent
Category
138
362
Exact
Comparing the two texts word for word, Section 138 is reproduced without any change from old IPC
Section 362.
Quick Reference
This section is purely definitional and carries no independent entry in the First Schedule to the
Bharatiya Nagarik Suraksha Sanhita, 2023. Punishment for abduction, unlike kidnapping, is not
prescribed independently — it depends on the purpose for which the abduction is committed, as
set out in the sections that follow.
Statutory Text (Verbatim)
Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)
Defining "abduction"
Explanation (Lexovia's Commentary)
Unlike kidnapping, which is itself a complete and independently punishable offence under Section
137, "abduction" as defined here is not by itself an offence. It becomes punishable only when
committed for one of the specific unlawful purposes set out in the sections that follow (such as
to commit murder, to compel a woman to marry, or to subject a person to slavery or forced labour).
Abduction requires either force compelling the person to go, or deceitful means inducing them to go
— unlike kidnapping from lawful guardianship, it is not limited to children or persons of
unsound mind, and applies to any person of any age.
Illustration (Lexovia's Own Example)
A falsely tells B that B's relative is seriously ill at a particular location, inducing B by this
deceit to travel there. A has abducted B within the meaning of Section 138. Whether A is also
criminally liable for the abduction depends on whether it was done for one of the unlawful
purposes described in the sections that follow.
Section 137 (Kidnapping) and the sections following this one, which prescribe punishment for
kidnapping or abduction committed for specific unlawful purposes.
FAQs
Is abduction, by itself, a punishable offence?
No. Abduction as defined here is not independently punishable. It becomes an offence only when
committed for one of the specific purposes described in the sections that follow.
How is abduction different from kidnapping?
Kidnapping (Section 137) is itself a complete offence and applies specifically to conveying a
person from India or taking a child/person of unsound mind from lawful guardianship. Abduction
applies to any person of any age, requires force or deceitful inducement, and is only punishable
when done for one of the specific unlawful purposes set out later in this Chapter.
Does the person have to be physically forced to be "abducted"?
No. The section covers two alternatives: compelling someone by force, or inducing them by
deceitful means — deception alone is enough if it causes the person to go from a place.
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