Abduction is a serious offence involving compelling or inducing a person to go from one place to another by force or deceit. In India, the Indian Penal Code (IPC) defines the crime of abduction and provides legal protection against such acts.
What is Abduction?
Abduction is compelling or inducing a person to leave a place and go to another location through forceful compulsion or deceit. Unlike kidnapping, abduction is not limited to minors or persons of unsound mind and can apply to any individual, including adults and minors.
The element of forcible compulsion in abduction involves the actual use of force or physical coercion to make someone go against their will. This may include physically restraining someone or employing violence to compel them to leave a place.
Abduction can also occur through inducement by deceitful means.
Ingredients of Abduction
To comprehend the offence of abduction, it is important to understand its essential ingredients.
Forcible compulsion – actual use of force
Abduction occurs when a person is compelled to go from a place through the actual use of force. This means physical coercion or violence is employed to make someone leave against their will.
Inducement by deceitful means – misleading a person by making false representations
Abduction can also occur when a person is induced or persuaded to leave a place through deceit. This involves misleading the individual by making false representations, such as lies or false promises.
Person – could include a minor as well
The offence of abduction can apply to any person, including adults and minors. It can be considered abduction under the IPC if someone is forcefully compelled or deceitfully induced to leave a place.
Force and deceit – imply intent
For an act to be categorised as abduction, there must be an intent behind the use of force or deceitful means. The person committing the act must have the purpose of compelling or inducing the individual to go from one place to another against their will.
Examples
Let’s explore four examples to gain a better understanding of abduction
Example 1
A group of criminals physically restrain a person and forcefully drag them into a waiting vehicle. The victim is taken to a different location against their will. This act constitutes abduction as it involves forcible compulsion.
Example 2
A fraudster approaches a vulnerable elderly person, pretending to be their long-lost relative needing help. The fraudster manipulates the victim into leaving their home and visiting a distant location. This act falls under abduction as it involves inducement by deceitful means.
Example 3
A child is lured away from a playground by a stranger who promises candy. The child is led away to an isolated area without the consent or knowledge of their parents. This act is considered abduction as it involves both forcible compulsion and inducement by deceitful means.
Example 4
Through false promises of a better job opportunity, an employer convinces an employee to leave their current workplace and join their company. However, once employees leave, they are exploited and subjected to harsh working conditions. This act can be categorised as abduction as it involves inducement by deceitful means.
Summary
Abduction is a grave offence under the Indian Penal Code aimed at protecting individuals from forceful compulsion and deceitful inducement. It is crucial to understand the ingredients of abduction, including forcible compulsion, inducement by deceitful means and the intent behind them.
Note: Access complete CLAT Legal Reasoning notes here.
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