Abduction
Section 362 of the Indian Penal Code, 1860 deals with abduction. Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.
Section 362, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 138 Abduction Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Subhash Krishnan vs State of Goa
Court's Decision & Legal Precedent
In criminal trials involving identification evidence, when multiple independent eyewitnesses positively identify the accused in court with specific reference to identifying features (such as distinctive clothing) and distinctive acts performed during the crime, and when such in-court identification is corroborated by: (a) participation in prior test identification parade conducted within reasonable time of occurrence (24 days) where accused did not challenge procedures; (b) recovery of vehicle and weapons linked to appellant; (c) credible evidence of previous acquaintance supporting enduring impress of identity; (d) consistent medical/forensic evidence; and (e) circumstances of arrest at scene with weapons, the absence of formal cross-examination of key witness (due to unavoidable circumstances) or initial non-mention in complaint does not vitiate the trial or conviction. The purpose of investigation is to set law in motion and collect evidence; if investigative procedures are thereafter followed lawfully and evidence collected is sufficiently corroborated, conviction can be upheld despite technical defects in initiation of investigation.
On this section: Abduction - applied to establish that use of criminal force (assault) compelled victim to go from place of occurrence to place where he was ultimately killed
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… accused tallied with the chance finger prints found at the spot of occurrence, on recording the statement of the material witnesses with regard to the accused having been last seen in the house of the deceased on the date of the incident, PW-50 laid the charge sheet against the accused alleging the offences under Sections 302 and 362 Indian Penal Code. Subsequently, he moved an application for incorporation of charge under section 392 along with section 302 Indian Penal Code. 2(d) On securing the presence of the accused and on hearing his counsel, based on the material produced by the prosecution, the learned Fast Track Judge framed charges …
Questions about Section 362
What have the courts held on Section 362 of the Indian Penal Code?
Subhash Krishnan vs State of Goa (17 Aug 2012) is the leading judgment on this section among those set out below: Abduction - applied to establish that use of criminal force (assault) compelled victim to go from place of occurrence to place where he was ultimately killed.
How do I find court cases under Section 362 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 362, section 362 IPC, section 362 of the Indian Penal Code. People searching for it also type ipc 362 in bns and ipc 362 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Subhash Krishnan vs State of Goa (17 Aug 2012).
What should I read with Section 362 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 138 (Abduction), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 362 of the Indian Penal Code come into force?
Section 362 of the Indian Penal Code, cited as IPC 362, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.