Abduction - S. 362

•Whoever by force compels

–or by any deceitful means induces

–any person to go from any place

–is said to abduct that person 

Ingredients

1.Forceful compulsion or inducement by deceitful means 

2.Object of such compulsion or inducement must be the going of a person from any place 

1. Forceful compulsion or inducement by deceitful means

•‘Deceitful means’ includes a misleading statement, bad intention 

•‘Inducement’ does not necessarily involve any force or compulsion 

 

2. Object of such compulsion or inducement must be the going of a person from any place

•Any place where the person does not wish to go, does not intend to go 

Difference between Kidnapping and Abduction

Kidnapping 

1. Girl under 18, Boy under 16, a person of unsound mind

2. Must be out of the lawful guardianship

3. Simply taking away is sufficient; means may be innocent

4. Consent of the person immaterial

5. Intent is totally irrelevant

Abduction 

1. Person of any age

2. No such thing

3. Force, compulsion or deceitful means is necessary

4. If free and voluntary consent is present, then abduction may be approved/accepted later

5. Intent is very important 

• Chunda Murmu v. State of West Bengal (2012) 5 SCC 753, Accused brought back his wife to their matrimonial home from another person with whom she was residing after leaving her husband – No abduction 

• Vinod Chaturvedi, AIR 1984 SC 911, Deceased had a dispute with X, Y came to him and persuaded him to go with him to settle dispute with X, Deceased left voluntarily - Whether abduction?