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Home / IPC ↔ BNS / IPC 362

IPC 362 vs BNS 138

Abduction

● Retained in BNS

Section 362 defines abduction -- compelling someone by force, or inducing them by deceit, to go from any place. BNS Section 138 reproduces this definition unchanged; abduction itself is not a standalone offence but an ingredient of later sections that attach punishment to it, such as IPC 366/BNS 87, already published.

Indian Penal Code, 1860 · § 362

Section 362 IPC defined abduction as compelling a person by force, or inducing them by deceitful means, to go from any place. Unlike kidnapping (a standalone offence once a further element is added), abduction alone is not itself punishable -- it is a building-block term used by later sections requiring abduction plus a specific intent.

Bharatiya Nyaya Sanhita, 2023 · § 138

BNS Section 138 reproduces the definition verbatim, word for word -- no substantive change.

What changed?

Nothing changed -- a pure renumbering from IPC 362 to BNS 138.

Frequently asked questions

What defences are commonly raised under IPC 362?

This is a definitional provision; the punishment and its associated defences sit under the sections that build on it, such as IPC 366 / BNS 87 (already published) and other abduction-with-intent offences.

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Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons

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