Section 362 IPC: Abduction

Indian Penal Code, 1860

Section 362 IPC at a Glance

Section 362 IPC deals with abduction. From 1 July 2024 it is replaced by Section 138 BNS.

Punishment

None. 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.

BNS Equivalent

Section 138 →

Section 362 IPC Bare Act Text

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.

Source: Section 362, Indian Penal Code, 1860

Section 362 IPC in Simple Words

Section 362 of the Indian Penal Code (IPC) defines abduction. A person is said to abduct another when compelling that person by force, or inducing that person by any deceitful means, to go from any place.

Section 362 IPC is purely a definitional section and creates no substantive offence or punishment by itself. Unlike kidnapping from lawful guardianship, abduction applies to any person regardless of age.

Abduction becomes punishable only when accompanied by an aggravated statutory intention, such as abduction in order to murder under Section 364 IPC, abduction with intent secretly and wrongfully to confine under Section 365 IPC, or abduction of a woman under Section 366 IPC.

Ingredients of Section 362 IPC

  • Compelling any person by force to go from any place
  • Or inducing any person by deceitful means to go from any place
  • The person actually went from that place as a result of such force or deceitful inducement

Punishment Under Section 362 IPC

Imprisonment

None. 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.

Fine

None under Section 362 IPC. Fines are prescribed under the specific penal provisions charged.

Section 362 IPC defines abduction without prescribing a punishment of its own. Punishments for abduction are prescribed under subsequent penal sections including Section 364 IPC, Section 365 IPC, and Section 366 IPC.

Example of Section 362 IPC

In 2020, outside a textile mill in Coimbatore, Gautam confronted his former accountant, Natarajan, after work. Gautam twisted Natarajan's arm behind his back and physically forced him to walk from the mill gate into a waiting jeep, which then drove away to a warehouse on the outskirts of town. In a related incident that evening, Gautam's associate, Manoj, tricked Natarajan's clerk, Balaji, with a fake court summons into leaving his house and coming to the same warehouse. By compelling Natarajan by force and inducing Balaji by deceitful means to go from those places, Gautam and Manoj abducted them within Section 362 IPC.

When Section 362 IPC Does Not Apply

  • A person leaves a place of their own free choice without being compelled by force or induced by any deceit.
  • The accused uses force or tells a lie to make someone leave a place, but the person refuses to move and remains where they are.
  • The accused persuades someone to travel from one place to another using honest requests or truthful information rather than deceitful means.

Section 362 IPC in the BNS

Section 362 IPC is now covered under Section 138 BNS.

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 detailed comparison (IPC 362 vs BNS 138) →

FAQs on Section 362 IPC

What does Section 362 IPC define?▼

Section 362 IPC defines abduction as compelling any person by force, or inducing any person by deceitful means, to go from any place.

Does Section 362 IPC prescribe any punishment?▼

No; Section 362 IPC is purely a definition and prescribes no sentence. Abduction is punished only when accompanied by specific intent under subsequent sections.

What are the two statutory means of abduction under Section 362 IPC?▼

The two means are compelling by force or inducing by deceitful means. Persuasion without deceit does not constitute abduction.

Does Section 362 IPC specify any age limit?▼

No; Section 362 IPC applies to any person regardless of age, unlike kidnapping from lawful guardianship under Section 361 IPC.

Is Section 362 IPC bailable and cognizable?▼

Because Section 362 IPC is a definition and creates no distinct offence, it has no entry in the First Schedule to the CrPC. Classification is determined by the substantive penal provision charged.

Which sections punish abduction defined under Section 362 IPC?▼

Subsequent provisions punish abduction, including Section 364 IPC for murder, Section 364A IPC for ransom, and Section 365 IPC for wrongful confinement.

Can Section 362 IPC be compounded?▼

Section 362 IPC is a definition creating no substantive offence and is not listed in Section 320 CrPC.

Which section in the Bharatiya Nyaya Sanhita corresponds to Section 362 IPC?▼

In Section 138 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·