What is Section 362 IPC? Abduction

Published on: Lawiz Team

Learn about Section 362 IPC: Abduction

Official Legal Text

Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Section 362 defines 'Abduction' as forcibly or deceitfully taking away a person from one place to another.

To prevent individuals from being forcibly taken away or deceived into leaving their current location.

Bailable: Not Applicable, Punishment: Not Applicable (This section provides the definition of 'Abduction').

1. The person must be taken or enticed away. 2. The act must be done by force or deceit. 3. The person must be moved from one place to another.

If a person is forcefully put in a car and taken away without their consent, it is abduction under Section 362.

If the person is an adult and goes willingly, it is not abduction.

Related to Section 361 (Kidnapping from lawful guardianship) and Section 363 (Punishment for Kidnapping).

Unlike kidnapping, abduction applies to adults as well as minors.

What is abduction?

Compelling or inducing a person to move from a place by deceitful means or force.

Is abduction punishable alone?

No, abduction is punishable only when connected to another offence.

Is abduction cognizable?

Depends on linked offence.

Example of abduction?

Deceitfully taking a woman for forced marriage.

How to file complaint?

FIR citing details of deceit or force.

Court jurisdiction?

Depends on related substantive offence.

Possible defence?

Consent of abducted person.