BNS Section 138: Abduction, the Definition (IPC 362 Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Abduction is defined in Section 138 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in force since 1 July 2024. Section 138 replaced Section 362 of the Indian Penal Code (IPC). It sets out what abduction is, but abduction by itself is not an offence and carries no punishment. It becomes punishable only when done with one of the intents set out in later sections. If you still look up "section 362 IPC", this is the provision you now need. This explainer sets out what Section 138 covers, how it maps to the old law, how it differs from kidnapping, and where the punishment sits. Last verified October 2026.

01Why the section number matters now

"Abduction" was defined in Section 362 of the Indian Penal Code (IPC). Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and the definition now sits in Section 138.

This matters in practice. An FIR for an offence committed on or after 1 July 2024 is registered under the BNS, so it reads with Section 138, not Section 362. An older case keeps its IPC number, because the law that applies is the law on the date of the offence. So for a while you will see both numbers in live matters.

02What Section 138 covers

Section 138 of the BNS defines abduction. A person abducts another when, by force, they compel that person to go from any place, or, by any deceitful means, they induce that person to go from any place.

Abduction can be of any person, whatever their age. It is not limited to a child or a person of unsound mind. The two ways of committing it are force or deceit. This is a building-block definition: it supplies the meaning that the punishing sections use.

03Abduction vs kidnapping

Abduction and kidnapping are different offences, and the BNS keeps them separate. The key differences are:

• Abduction (Section 138): by force or deceit, making any person go from a place. Age does not matter. It is a continuing act. By itself it is not punishable.
• Kidnapping (Section 137): taking or enticing a minor (a boy under eighteen or a girl under eighteen, as the code now sets) or a person of unsound mind out of lawful guardianship, or kidnapping a person from India. Kidnapping is itself an offence with a set punishment.

So kidnapping protects lawful guardianship and does not need force or fraud, while abduction needs force or deceit and can be of anyone. Kidnapping and its punishment are in Section 137 of the BNS (old Sections 359, 361 and 363 IPC).

04Old to new: IPC 362 to BNS 138

Section 362 of the IPC is now Section 138 of the BNS. The definition, by force or deceit making a person go from a place, is carried over almost word for word.

Note one common error. Some lists pair "Section 138" with kidnapping (old Sections 359 and 363). That is wrong. Kidnapping is Section 137. Section 138 is the definition of abduction (old Section 362).

05Why abduction alone is not punishable

Section 138 sets no punishment, because abduction by itself is not an offence. The law punishes abduction only when it is joined to a wrongful intent. The common punishable forms sit in the sections that follow, for example:

• abduction in order to murder, or to put a person in danger of being murdered;
• kidnapping or abduction for ransom, which is among the gravest of these offences;
• kidnapping or abduction to secretly and wrongfully confine a person; and
• abduction to compel marriage, or for grievous hurt, slavery or unlawful purposes.

Many of these are in Section 140 and the sections around it. Because Section 138 is only the definition, cognizable, bailable and triable status attaches to whichever punishing section applies. Check the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for the charge in a given case.

06What changed from the old law

For the definition of abduction, the change is mostly the number. The meaning, by force or deceit making a person go from a place, is carried forward, so case law under Section 362 of the IPC still guides how Section 138 of the BNS is read.

The thing to get right is that Section 138 is a definition, not a charge. The charge is the aggravated section that adds the wrongful intent. This is general information, not legal advice, so check the current text and take advice from counsel before you act.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Because abduction is a definition and not a charge, the real fight is over the aggravated section it attaches to, and over how judges have read the words force and deceit across decades. Claw holds a research library of 30 crore and more judgments, with Supreme Court decisions going back to 1950 and High Court decisions to 1990, so the older learning on Section 362 sits beside the new rulings on Section 138. It also follows cases, orders and hearing dates as they move through 9,102 courts, benches and forums, and returns what you ask for in under 5 seconds.

What you upload stays yours: Claw does not feed customer case files into the training of its AI models. Open a free Claw account to read how abduction has been interpreted and to keep watch on a live matter by party or advocate name. For a broader sweep of the law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 138, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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