Section 138 of BNS 2023: Understanding the Offense of Abduction

Overview

Section 138 of BNS 2023 defines the offense of abduction, focusing on acts that compel or induce a person to move from one place to another through force or deceitful means. This section provides a clear understanding of what constitutes abduction under the law.

Key Elements

  • Force: The use of physical power to compel a person to move from one place to another.
  • Deceitful Means: Using deception or fraud to induce a person to go from one place to another.

Examples

  1. Compelling by Force: A person is physically forced into a vehicle and taken to a different location against their will. This act is considered abduction under Section 138.
  2. Inducing by Deceit: A person is tricked into leaving their home by being told a false story and is taken to a different place. This constitutes abduction using deceitful means.

Historical Context

The concept of abduction has been addressed in legal systems worldwide to protect individuals from being forcibly or deceitfully moved against their will. The Indian Penal Code (IPC) initially provided a framework for such offenses, which BNS 2023 refines to address modern legal and societal challenges.

Legislative Intent

The legislative intent behind Section 138 of BNS 2023 is to protect individuals from being forcibly or deceitfully taken from one place to another. By clearly defining what constitutes abduction and specifying the means through which it can occur, the law aims to deter such acts and ensure personal safety and autonomy.

Conclusion

Section 138 of BNS 2023 is crucial for addressing the offense of abduction. It provides clear definitions and examples of what constitutes abduction, ensuring protection against forced or deceitful movement of individuals, and promoting safety and justice.


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