Section 138 BNS: Abduction

Bharatiya Nyaya Sanhita, 2023

Section 138 BNS at a Glance

Section 138 BNS deals with abduction. It replaced Section 362 IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 362 →

Section 138 BNS Bare Act Text

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.

Source: Section 138, Bharatiya Nyaya Sanhita, 2023

Section 138 BNS in Simple Words

Section 138 BNS of the Bharatiya Nyaya Sanhita (BNS) dealt with abduction. It applied when a person was taken or enticed from one place to another by force, or by deceitful means. The focus is on the act of moving the person, not on whether the person later agreed or not.

If the movement was caused by force, threat, or fraud, this section could be attracted. In practice, this provision mattered because abduction often formed the basis for more serious offences. By itself, it was not always the final charge.

The real legal effect depended on what happened next, such as wrongful confinement, kidnapping, rape, extortion, or murder. For police, it helped establish the initial unlawful taking of a person. For the victim, it gave a legal route to report being forcibly or fraudulently moved from one place to another.

Ingredients of Section 138 BNS

  • Using force to compel any person to depart from any place
  • Inducing any person by deceitful means to go from any place
  • Codification under Section 138 BNS without substantive alteration

Punishment Under Section 138 BNS

Imprisonment

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.

Fine

None under Section 138 BNS. Fines are prescribed under the specific penal provisions charged.

Section 138 BNS defines abduction without prescribing a punishment of its own. Punishments for abduction are prescribed under other penal sections including Section 87 BNS and Section 140 BNS.

Example of Section 138 BNS

Outside Surat railway station, Sunita approached Shalini and deceitfully stated that Shalini's brother had suffered an accident and had sent Sunita to bring her to a specific clinic. Believing this fabricated statement, Shalini accompanied Sunita to a distant locality. Sunita used deceitful means to induce Shalini to go from the railway station. Sunita abducted Shalini as defined under Section 138 BNS, with penal liability turning on the substantive intention charged under following sections such as Section 140 BNS.

When Section 138 BNS Does Not Apply

  • A person goes voluntarily from one place to another without force or deceitful inducement
  • Force or deceit is attempted, but the person does not go from any place
  • The statement inducing the person to move is genuine and not deceitful

Section 138 BNS in the IPC (Previous Law)

Section 138 BNS replaces Section 362 IPC from the old criminal code.

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.

View IPC Section 362 →

FAQs on Section 138 BNS

Is abduction itself punishable under Section 138 BNS?▼

No. Section 138 BNS only defines what amounts to abduction. Punishment comes from other sections when abduction is linked with another offence, such as kidnapping, wrongful confinement, or a more serious crime.

Under Section 138 BNS, what is the difference between kidnapping and abduction?▼

Kidnapping usually concerns taking a minor or a person of unsound mind, or removing someone from lawful guardianship. Abduction focuses on taking a person by force or deceit. In simple terms, kidnapping is about the status of the victim, while abduction is about the method used.

Can consent avoid a charge under Section 138 BNS?▼

If the person freely and knowingly went with the accused, abduction is generally not made out. But if consent was obtained by force, threat, or deception, it may not be valid in law.

Why was Section 138 BNS used in criminal cases?▼

It helped prove the unlawful movement of a person from one place to another. That fact often became the starting point for stronger charges, especially where the victim was later harmed, confined, or exploited.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·