A Pithy Overview of Abduction

Abstract

Abduction is mandated under section 362 of Indian Penal Code, 1860 which states that whoever compels, induce any person by force or any deceitful means to go from one place to another is said to abduct that person. There must be an element of compulsion by force or inducement by deceitful.


Introduction

Section 362 of Indian Penal Code (IPC) define abduction, it states anyone who forcefully compels or by any deceitful means induces anyone to move from one place to another.

▪ Abduction in section 362 is not a substantive offence, under section 362 if someone by forcefully, compels or by deceitful means induce anyone is not an offence unless done with intentions (wrong intentions).


Example –

1. A is minor daughter of B. A voluntarily goes away with C and indulges in sexual relations with him ,C cannot be held liable for abduction because A willingly consented to go with him there was no use of force or inducement.

2. Y is a minor daughter of R. X forcibly takes away Y without the knowledge of R. Y runs away with Z while she is custody of R who is X's relative. In this case, X is liable if he had some criminal intent to take away Y.

It is said to be Crime of Abduction if it is done with wrong intentions if someone abduct a person with intention of murder or dispose off where he can easily murdered.

Example – If a 16 years old girl leaves her parent's house to marry someone else then it is not a crime of abduction because there is neither force used in it nor induced by any deceitful means.

So abduction will not happen until force, compulsion proves.

• Abduction is an continuing offence means by the time abducted person goes from one place to another lot of offences will take place.


Essentials of Abduction

1. Force/Compulsion- By using force to easily abduct that person.

2. Inducement by deceitful means – it means misleading someone by giving false statements.

Example - X got out of his school and X saw that a person came to him and he told X that X's father had an accident and he sent me to take you(X).

So here, abductors using wrong statement to mislead X so he can easily abduct X.

3. Objective should be to take that person from one place to another.


How Abduction is different from kidnapping?

▪ Kidnapping is taking away a minor or person of unsound mind but in abduction force, compulsion, and deceitful means is used.

• Kidnapping has nothing to do with consent but in abduction person is not abducted if taken with his will.

• Kidnapping is substantive offence but in section 362 abduction is not a crime until it is done with wrong intentions

• In abduction, question of taking away or enticing don't arise but in kidnapping it do.

• In kidnapping from lawful guardian age do matters but in abduction can be conducted to any person of any age.

• Abduction has only to do with the one who has been abducted, Legal guardians doesn't involve whereas kidnapping is removal of person from its lawful guardian.


Types of Abduction

1. Marriage by abduction – To force or pressurize someone for marriage, that person can be known or unknown. In marriage by abduction, person didn't agree to marry but forced, pressurize to do so.

2. Express kidnapping – Person who has been kidnapped and the abductor demands money then after that he return the victim, basically in this abductor don't want to harm the victim but kidnapped him for some reason.

3. Child abduction – It means taking away a child (Under legal adulthood age) from the custody of child's legal guardian or biological parent. Main cause of child abduction is a conflict over the custody and residence of children.


Punishments of abduction

1. If abduction is done with the purpose of murder then under section 364, abductor will be liable of imprisonment upto 10 years and fine.

2. If abduction is done with the purpose of ransom then under section 364(A) abductor will be liable for death, life imprisonment with fine.

3. If secretly and wrongfully confines person under section 365 liable for imprisonment upto 7 year with fine.

4. Induce or compel for marriage then under section 366 will be liable for imprisonment upto 10 years with fine.

5. Subject person to grievous hurt then under section 367 he will be liable for imprisonment upto 10 years with fine.

6. Stealing of child under 10 years abductor will be liable for upto 7 year imprisonment.


Case Laws regarding Abduction

1. Vinod Chaturvedi v. State of Madhya Pradesh [AIR 1984 SC 911]

In this case, the appellant was alleged to have abducted the deceased Brindaban. The process of investigation pointed out that Brindaban on being persuaded by the accused persons and Vinod in particular went inside his house, came out properly dressed to accompany the group to village Ramapura. Such conduct made it clear that Brindaban was not abducted the accused persons.

2. Bhanukan’s Case [AIR 1952 Raj 123]

Chief Justice Wanchoo observed that there was no abduction because hewas satisfied that the girl was not compelled by force or induced by any deceitful means to go with the accused. The girl being a minor had gone out with the accused to have sexual intercourse, the court held that she wasn’t abducted as no undue influence or force was used upon her.

3. Fatnaya Lal vs. Emp [1942 (23) Lah. 470]

It was held in this case that even if the woman is forcibly taken away against her will to be restored back to her own husband, it would be considered as abduction.

4. State of Assam vs. Goljer Ali and Nine Ors. [(1997) 1 GLR 420]

Abduction, as defined under Section 362 IPC contemplates both user of force or inducement by deceitful means. The deceased in the present case was offered a puff of Bidi and was therefore induced to go to the house of the accused where he has beaten to death.


Conclusion

Abduction is an important offences that have been drafted with the objective of protecting the person of individuals. It is a crime under Indian Law that is not punishable so it becomes more important to rightly solve the cases of abduction by giving justice to the person who has been abducted.


Credit: Divya Kalra

clg name: Lloyd Law College

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