Criminal Law Videos - IPC Section 362 (Definition of abduction)

IPC Section 362 defines the offence of abduction. The section states that whoever compels any person by force to go from any place, or whoever induces any person by any deceitful means to go from any place, is said to abduct that person. Thus, the victim must be compelled by the offender by fo^rce to go from any place, or he must be induced by the offender by any deceitful means to go from any place.

In other words, in the offence of abduction there must be on the part of the offender either an element of compulsion by force or an element of inducement by deceitful means. The word ‘force’ has the same meaning as given under section 349 of the Code. To induce means to lead into; there must be an active suggestion on the part of the abductor making the victim to agree to move to a place where he would not go but for this suggestion.

A change of mind of the victim takes place in cases of inducement. The expression ‘deceitful means’ suggests that the means employed by the offender must be such as to practise deception on the victim. The expression has a wide import and includes a misleading statement.

Mere abduction has not been made punishable under any section of the Code. In other words, abduction by itself is not an offence. It is punishable only when it is coupled with one or the other intent as stated in certain subsequent sections. In cases of abduction committed by compulsion by force actual force must be used and a mere threat of use of force is not enough.

In kidnapping from lawful guardianship the taking or enticement must be without the consent of the lawful guardian of the victim, but in abduction the same is not necessary. In kidnapping from lawful guardianship the taking or enticement must be out of the keeping of the lawful guardian of the victim, but in abduction there is no such condition.