IPC 362 vs BNS 362
● Retained in BNSAbduction
Section 362 of the Indian Penal Code, 1860, defines abduction. It means compelling or inducing a person to go from one place to another using force or deceitful means. Unlike kidnapping, abduction has no age restriction and can apply to anyone, whether minor or adult.
Key elements:
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The person must be moved from one place to another.
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Movement must be caused by force or deceit.
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Abduction by itself is not punishable unless connected to another offence (such as extortion, slavery, or marriage).
For example, if a person tricks someone into following them under false promises, it qualifies as abduction under IPC 362. This section mainly defines the act, and punishments are attached in other provisions when abduction is committed with criminal intent.
Abduction
Section 362 of the Bharatiya Nyaya Sanhita, 2023, also defines abduction in the same terms as IPC 362. A person is said to abduct another if they by force compel, or by deceitful means induce, the other person to move from one place to another.
Key elements:
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Force or deceit is necessary.
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The person abducted may be of any age.
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Like in IPC, abduction under BNS is not an offence in isolation but becomes punishable when linked to crimes like ransom, human trafficking, or forced marriage.
For instance, misleading a person into traveling for a false job opportunity amounts to abduction under BNS 362. This section continues the same definition with no major changes, ensuring continuity of criminal law.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 362 to BNS BNS 362.