Abduction

0
148
Abduction

Abduction means forcibly taking away of a person and moving him or her from one place to another against their will. Use of force is a necessary ingredient of abduction. Abduction is the criminal act of taking by force or strong persuasion of a wife, husband, child or other person.[1]  It has also been defined as the illegal act of taking away a person by persuasion, fraud or by open force or violence. The offence of Abduction is mentioned under Section 362 of the Indian Penal Code.

Section 362 of IPC

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

The Section only gives a definition to the offence of Abduction which is not punishable per se. It is only punishable if it is accompanied with a criminal intent which is included in the subsequent sections of the Penal Code.

Ingredients of Abduction:

Forcefully Compelling or inducement of a person by deceitful means

The provision makes it amply clear that taking away of a person should be accompanied by either forceful compelling or by deceitful means, merely threatening to use force would not result in abduction of a person. The element of compelling by force of inducement by fraudulent or deceitful means is a necessary ingredient to amount the taking of person to abduction.  Force has been defined under Section 349 of the Indian Penal Code and has the same meaning under this section. Inducement means “0to lead into” something and thus deceitful inducement would be misleading a person to do something which he or she wouldn’t ordinarily do.

To go from any place/ Going of a person from any place

To constituteabduction, the person so abducted, must have gone from one place to another by compulsion of force or by inducement by deceitful means.

Role of Consent

Consent of the person who is moved or taken away is of vital importance in abduction. Unlike kidnapping where consent of the person who is taken away is immaterial, in abduction consent given by the person moved will not amount to an act of abduction. 

Illustrations

1. A is a 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 wilfully 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 for abduction, however Z will be liable if he had some criminal intent to take away Y.

Abduction is not a substantive offence. It is however an auxiliary act or a subsidiary act which is only punishable when coupled with a criminal intent. Abduction is not a crystallised offence but a continuing one. It does not confine to the first time a person is taken away or moved from one place. It extends to every other person who is involved in the moving of the person by use of force or deceitful means.

Case Laws: 

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.

Vinod Chaturvedi v. State of Madhya Pradesh[2]

In the present 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.

State of Assam vs. Goljer Ali and Nine Ors. [3]

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.

Fatnaya Lal vs. Emp[4]

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.

Frequently Asked Questions

1. How is Abduction a continuing offence?

The offence of abduction is constituted when a person is not only being first abducted from any place but also when he or she is removed from one place to another. Therefore, abduction includes the entire process of moving a person forcibly against his or her will from one place to another and is thus a continuing offence.

2. Is Abduction confined to a children or adults? Is there any punishment for Abduction?

Abduction as defined under section 362 of the Indian Penal Code may be in respect of any person and inconsiderate of age and sex. Abduction itself is not punishable, it is merely an auxiliary act, however if it done with a criminal intent, example to have sexual intercourse or to murder the person, it is punishable in the subsequent sections.

Edited by Chiranjeeb Prateek Mohanty
Approved & Published – Sakshi Raje

References

[1]  Black’s Law Dictionary 2nd ed.

[2] AIR 1984 SC 911

[3] (1997) 1 GLR 420

[4] (1942) 23 Lah. 470

LEAVE A REPLY

Please enter your comment!
Please enter your name here