INTRODUCTION
Abduction is the action of forcibly taking someone away against their will, that is the act of making a person go somewhere with you, especially using threats or violence.
MEANING OF ABDUCTION UNDER IPC
Section 362 of the Indian Penal Code says that whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
This section of IPC merely gives a definition of the word “abduction” which comes in some of the penal provisions which follow.
There is no such offence as abduction under the Code, but when abduction is committed with certain intent is an offence. Force or fraud is essential to make abduction punishable.
INGREDIENTS OF ABDUCTION UNDER IPC
The essential requirements of this section are:
- Forcibly compulsion or inducement by deceitful means, and
- The object of such compulsion must be the going of a person from any other place.
- By Force
The term “force”, as included in section 362 of IPC, means the use of actual force and not merely show of force or threat of force by an accused. In a case when an accused threatened the girl with a pistol to make her go with him, it would amount to abduction under this section 362 of IPC.[1]
- Deceitful Means
According to section 362, a person by deceitful means to go from any place is also an offence. Deceitful is a false representation used to mislead a particular person persuading him / her to leave any place. Thus, when an accused force to compel, or deceive a person to leave a place. Either way, it amounts to abduction.
- To Go From Any Place
It is an essential element of abduction to compel or induce a person to go from one place to any other place. It is not necessary to make a person go only from the custody of lawful guardian as in the case of kidnapping. Abduction is a continuing offence but the offence of kidnapping is complete when person is removed from India or from keeping of lawful custody of guardian.In abduction, a person is being abducted not only when he is taken away from any place, but also when he is subsequently removed from one place to any other. A girl who was kidnapped managed to escape from the kidnappers then she met the accused, who represented himself to her that he was a police constable and said that he would take her to the nearest police station. But instead of taking her to police station, he took her to his house, demanded a ransom of Rs 600 from her mother, before he handed her back to her mother. It was held by the honourable court that his act amounted to abduction.[2] It was held that where a woman is passed from hand to hand in several places, each of the persons involved in that will be guilty of offence of abduction.[3]
PUNISHMENT FOR ABDUCTION
It must be noted that abduction per se as defined under section 362 is not an offence,[4] and hence is not punishable.[5] If there is an assault which is an offence against the human body and that assault is done with the intention of abducting.[6] Only if the abduction falls in the categories provided under sections 364, 365, 366, 367 and 369, will it amount to an offence. Thus, abduction is an offence only if it is done with intent to:
- Murder (section 364),
- Secretly and wrongfully confining a person (section 365),
- Induce woman to compel her for marriage (section 366),
- Grievous hurt, slavery, etc to a person (section 367) and
- Steal from a person under ten years (section 369).
JUDICIAL PRONOUNCEMENT
(1) State of West Bengal v. Mir Mohammad Omar.[7]
Facts – In this case the victim, Mahesh Kumar Aggarwal was doing small business in Calcutta. Mir Mohammad Omar and Sajad Ali who were accused wanted Mahesh to pay them INR 50,000 so that they will allow him for doing business without any obstructions. But Mahesh said no to their demands which led to a fight between them. After few nights, when Mahesh returned to his house, his sister told him that a few men came home and they were asking for him and also they were threatening to beat him up. Mahesh was scared so he took asylum at his friend’s home for a night. After an hour when he was at his friend’s home there a man came to tell Mahesh that Omar is looking for him and waiting outside. When Mahesh went out of the house Omar asked him to accompany him, but Mahesh was scared so he disagreed. Then after the refusal of Mahesh, Omar forcefully took Mahesh into the Rickshaw, but Mahesh got a chance to escape and went to a neighbour’s house and there he took asylum. At around 2:30, the Omar entered Mahesh’s room and dragged him outside of the house. He wanted to runaway but he was beaten by a lathi and taken away by them. His neighbour went to the police station and filed a complaint on that very night.
Judgement – The court held that there is enough evidence to show that Mahesh was beaten and taken away by the accused to any other place and so that the accused were liable for abducting Mahesh. Abduction takes place when a person is forcibly taken from a place and the same happened to Mahesh.
(2) Malleshi v. the State of Karnataka.[8]
Facts – A boy named Vijaybhaskar was studying in a college and living in his uncle’s house. He used to go to his college at chitradurga with his friend through a bus. One day when he was waiting for the bus to go back to his house, he was called by a man who told him that he knew his father. That man also enquired him about college fees and facilities and said he also want to admit his son there. Then he told Vijaybhaskar to sit in the jeep because his son was there. Then two another men came and joined him and they all treated him well till they crossed Chitradurga. When they came out of Chitradurga they asked him his father’s phone number and told him that they wanted Rs. 4,00,000 cash. On the way when they stopped jeep to buy cigarettes. The driver of the jeep told him to run away somewhere else. He found himself in the Byrapur village. He then informed villagers about his abduction. Then villagers handed them to the police station.
Judgement – The court held that Vijaybhasker has been abducted through misrepresentation by the accused. The court also referred to the case of Netra Pal v. State and said by making the difference of fact that the abducted person, in that case was a child and in this present case the abducted person is an adult who can take care of himself. It was held that in this case, when they demanded for ransom cash and that had been conveyed to the Viajybhaskar then offence was completed. The court further said that it is not necessary that demand should be made to a person who is required to pay it.
CONCLUSION
Abduction is an unlawful act which harms and obstructs the freedom of a person. From section 359 to section 369 of IPC go a long way to protect the liberty and freedom of a person. These sections gives protection to children and adult from kidnapping and abduction. The number of cases of kidnapping and abduction is increasing day by day. It is necessary to prevent these horrendous crimes especially when they are done for forced marriage, forced sexual intercourse, forced labour, forced begging, etc.
To overcome of all these crimes everyone should come together and work together and not only depend on state. It is a co-task of nations that has to be cultivated.
REFERENCES
1). Sood, Jyoti Dogra. “PSA PILLAI’S CRIMINAL LAW.” (2018): 357-360.
2). Ratanlal Ranchhoddas. Ratanlal & Dhirajlal’s the Indian Penal Code (Act XLV of 1860). New Delhi :Wadhwa & Co., 2007.
3).https://blog.ipleaders.in/kidnapping-and-abduction-sections-359-to-374-under-ipc-1860
4).https://www.ourlegalworld.com/difference-between-kidnapping-and-abduction-our-legal-world
5). https://www.safecity.in/kidnapping-and-abduction-know-your-rights/
[1] Gurcharan Singh v State of Haryana, AIR 1972 SC 2661 : (1973) Cr LJ 179 (SC).
[2] Bahadur Ali v King Emperor, AIR 1923 Lah 158.
[3] Nanhua Dhimar v King Emperor, (1930) ILR 53 All 140.
[4] Vishwanath v State of Uttar Pradesh, AIR 1960 SC 67 : (1960) Cr LJ 154 (SC).
[5] Chote Lal v State of Haryana, AIR 1979 SC 1494 : (1979) Cr LJ 1126 (SC).
[6] Vishwanath v State of Uttar Pradesh, AIR 1960 SC 67 : (1960) Cr LJ 154 (SC).
[7] State of West Bengal v. Mir Mohammad Omar & Ors., AIR 2000 SC 2988.
[8] Malleshi vs. State of Karnataka, (2004) 8 SCC 95,
Varsha Singh 