Introduction 

Abduction infringes the basic right to life and liberty of a person, as embodied by Article 14 of the Indian Constitution.   

This section merely gives a definition of the word "abduction" which occurs in some of the penal provisions which follow.  

Abduction is when a person with some deceitful or malicious intention forces or induces another person to move from any place. 

Section 362 of the Indian Penal Code defines abduction. It says that if a person compels another person to go from one place, or induces some person to go from one place, then the offence of abduction is committed. 

There is no such offence as abduction under the Code, but abduction with certain intent is an offence. Force or fraud is essential. 

Ingredients of offence of abduction  

There must be forceful compulsion or inducement by deceitful means. 

The object of such compulsion or inducement must be the going of a person from any place. 

Use of force  

In abduction, a person is forced to go from one place to another, against his/her will. 

The force used in this offence is not merely a threat or a show, it must amount to the actual application of force. 

Gurucharan Singh v. State of Haryana 1993 

The accused had put the victim under his pistol and threatened him. The accused then took her to the fields outside the village.  

The court observed that the accused in this case used an excess amount of force, and such use of force leads to abduction. 

Deceitful Means 

The word deceit implies that there was a false representation made by one person towards another because of which that person left the place. 

There must be the use of fraud and misrepresentation for an act to become an offence under abduction. 

Abduction can take place by inducing someone to go from someplace by misleading him/her to do something he/she would not normally do.  

Deceitful means signifies anything intended to mislead another. It includes inducement and its scope is very wide. 

compel the person to move from one place to another. 

Bahadur Ali v. King Emperor AIR 1923 

A girl was kidnapped, although she tried to escape from that place, on the way she met the accused who made misrepresented her by saying that he is a police constable.  

The accused then fraudulently took her to his house and then demanded 600 Rupees from her mother. The court held the accused guilty of abduction and punished him. 

Punishment 

An abduction is an auxiliary act, not punishable by itself unless accompanied with some intent specified u/s 364-366. Hence, a particular purpose is necessary to punish an accused. 

Conclusion  

Abduction infringes the basic right to life and liberty of a person, as embodied by Article 14 of the Indian Constitution.   

Abduction in common language means carrying away of a person by fraud or force. In United Kingdom, Kidnapping is used for both minors and adults, whereas in India kidnapping is used for minors and abduction for adults. 

Sometimes due to unawareness, the proper complaints are not registered, and legal steps are unserved against the offender and hence justice is not provided. 

It is essential to be aware of the provisions related to abduction to avoid committing such an offense. 

 If you or someone you know has been a victim of abduction, it is important to report the incident to the police immediately.