Section 138 BNS: Abduction - Meaning, Ingredients and Related Offences

Section 138 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines abduction. A person is said to abduct another person when force is used to compel that person to go from any place, or deceitful means are used to induce that person to go from any place.

The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, apart from the separately notified exception concerning Section 106(2), came into force on July 1, 2024.

Text of Section 138 of the Bharatiya Nyaya Sanhita, 2023

Section 138 - Abduction.

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

Section 138 BNS at a glance

Law Bharatiya Nyaya Sanhita, 2023
Section 138
Provision Definition of abduction
Method 1 Compelling a person by force to go from any place
Method 2 Inducing a person by deceitful means to go from any place
Standalone punishment in Section 138 None. Section 138 defines abduction; punishment depends on the specific offence in which the abduction is used.

Essential ingredients of abduction under Section 138 BNS

Section 138 may be attracted where the following elements are present:

  1. A person is made or induced to go from a place.
  2. The movement is caused either by force or by deceitful means.
  3. Where force is relied upon, the person is compelled to move.
  4. Where deceit is relied upon, the person is induced to move by deceptive means.

Abduction by force

The first part of Section 138 covers a case where force is used to compel a person to go from any place. The statutory focus is on compulsory movement caused by force.

The BNS separately defines force under Section 128. That definition may be relevant when the prosecution relies on force as the means by which the person was compelled to move.

Abduction by deceitful means

The second part of Section 138 applies where deceitful means are used to induce a person to go from any place. Unlike physical compulsion, this form of abduction is based on deceptive inducement that causes the person to move.

The particular representation, concealment, trick or other deceptive conduct relied upon must therefore be examined in the factual context of the case.

Does Section 138 itself prescribe punishment?

No. Section 138 is a definition provision. It states when conduct amounts to abduction but does not itself prescribe a separate punishment merely for the act described in the definition.

Punishment may arise where the abduction is committed for a purpose covered by another penal provision. For example, Section 140 BNS deals with specified forms of kidnapping or abduction, including kidnapping or abduction in order to murder or for ransom.

Difference between kidnapping and abduction under the BNS

Section 137 BNS defines kidnapping and recognizes two kinds: kidnapping from India and kidnapping from lawful guardianship. Section 138, on the other hand, defines abduction by reference to movement caused by force or deceitful means.

Kidnapping from lawful guardianship focuses on taking or enticing a child or a person of unsound mind out of the keeping of the lawful guardian without the guardian's consent. Abduction under Section 138 can concern any person, but the movement must be caused by force or deceitful inducement.

Why the purpose of abduction matters

Because Section 138 is definitional, the legal consequences usually depend on the purpose or circumstances for which the person was abducted. Other BNS provisions attach punishment to specified forms or purposes of kidnapping or abduction.

Legal note: Whether particular facts amount to abduction depends on the evidence concerning movement, force, compulsion, deceitful inducement and the purpose for which the movement was caused. The applicable punishment must be identified from the relevant substantive offence, not from Section 138 alone.

Related BNS provisions

Official legal sources

For authoritative statutory material, refer to the official India Code text of the Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs portal for the new criminal laws.