IPC 362→BNS 138

IPC 362 to BNS 138: Abduction

Section 362 IPC (1860) replaced by Section 138 BNS (2023)

View IPC Section 362 →View BNS Section 138 →

IPC 362 to BNS 138 at a Glance

Section 362 IPC (Abduction) is now Section 138 BNS, in force from 1 July 2024. Only the section number changed.

What Changed From IPC 362 to BNS 138?

Section 362 IPC corresponds to Section 138 BNS. The statutory definition of abduction, comprising compelling a person by force or inducing them by deceitful means to go from any place, is preserved without change in wording or substance.

IPC 362 vs BNS 138: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section362138
OffenceAbductionSame
PunishmentNone. Section 362 IPC is a definition and does not prescribe a sentence of imprisonment. Abduction is punished under subsequent sections such as Section 364 IPC, Section 365 IPC, or Section 366 IPC depending on the intent.None. Section 138 BNS is a definition and does not prescribe a sentence of imprisonment. Abduction is punished under other sections such as Section 87 BNS or Section 140 BNS depending on the intent.
FineNone under Section 362 IPC. Fines are prescribed under the specific penal provisions charged.None under Section 138 BNS. Fines are prescribed under the specific penal provisions charged.
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 362 and BNS 138: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 362, IPC 1860

362. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
BNS 2023 (in force)

Section 138, BNS 2023

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

Ingredients: IPC 362 vs BNS 138

Under IPC 362
  1. Compelling any person by force to go from any place
  2. Or inducing any person by deceitful means to go from any place
  3. The person actually went from that place as a result of such force or deceitful inducement
Under BNS 138
  1. Using force to compel any person to depart from any place
  2. Inducing any person by deceitful means to go from any place
  3. Codification under Section 138 BNS without substantive alteration

What IPC 362 to BNS 138 Means for Pending Cases

For Section 362 IPC (now Section 138 BNS): under Section 138 BNS, the definition of abduction is unchanged. Abduction is punished only through the sections that add a purpose, such as Section 140 BNS and Section 87 BNS, and a charge for an act done after the BNS came into force cites the one that fits.

FAQs: IPC 362 to BNS 138

What changed between Section 362 IPC and Section 138 BNS?▼

The statutory definition and legal elements of abduction remain verbatim identical. Section 138 BNS carries forward Section 362 IPC without any change in substance.

Where is Section 362 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 362 IPC is codified as Section 138 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.

Does Section 362 IPC or Section 138 BNS apply to an act done before 1 July 2024?▼

Section 362 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 362 IPC. Section 138 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·