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Introduction of 138 BNS

138 BNS of the Bharatiya Nyaya Sanhita (BNS) defines abduction. It addresses the crime of forcibly or deceitfully compelling someone to leave their current location. This section outlines the conditions under which a person can be considered to have been abducted.


The Bharatiya Nyaya Sanhita (BNS) Section 138 replaces the old Indian Penal Code (IPC) Section 362.



What is BNS Section 138 ?

BNS Section 138 defines the crime of abduction. It outlines the act of forcibly or deceitfully causing someone to leave their current location. This section is concerned with both physical force and deceptive practices used to compel a person to go from one place to another.

138 BNS explains the crime of abduction
138 BNS outlines the crime of abduction

BNS 138 in Simple Points

Section 138 of the Bharatiya Nyaya Sanhita (BNS) defines abduction. It addresses the crime of forcibly or deceitfully compelling someone to leave their current location. This section outlines the conditions under which a person can be considered to have been abducted.


Section 138 BNS Overview

Abduction is the act of using force or deceit to make someone leave their place of residence or current location against their will.

10 Key Points of BNS Section 138

  1. Definition of Abduction:
    • The section defines abduction as the act of making someone leave a place using force or deceit.
  2. Use of Force:
    • Physical force applied to compel someone to move from their location falls under abduction. This can include threats or actual physical harm.
  3. Use of Deceit:
    • Abduction also includes situations where deceitful means are used to persuade or trick someone into leaving their location.
  4. No Consent Needed:
    • The key element of abduction is that the person being moved does not consent to leaving their location.
  5. Broad Scope:
    • The definition covers both direct force and indirect deceit, making it a broad and inclusive term.
  6. Application:
    • This section applies to any scenario where a person is made to leave a place, whether it’s done through force, trickery, or coercion.
  7. Legal Framework:
    • The section provides a legal basis for addressing and prosecuting acts of abduction. It does not specify punishment but defines the crime.
  8. Not Just Physical Acts:
    • It includes not only physical actions but also psychological or emotional manipulation as forms of deceit.
  9. Objective:
    • The objective is to cover and penalize the acts of forcibly or deceitfully making someone leave their location, ensuring protection against such offenses.
  10. Punishment Details:
    • While this section defines the act, the specifics of punishment for abduction would be outlined in other sections of the law.

Two Simple Examples of BNS Section 138

  1. Example 1:
    • A person tricks another into leaving their home by pretending to be a government official with urgent paperwork. Once outside, the person is then forcibly taken away.
  2. Example 2:
    • An individual uses threats of violence to coerce someone into leaving their workplace and moving to a different location against their will.

BNS 138 Punishment

  1. Imprisonment:
    • Abduction can lead to imprisonment, though the specific term is not detailed in this section and may be covered by other legal provisions.
  2. Fine:
    • In addition to imprisonment, a fine may be imposed on those convicted of abduction, subject to legal discretion and related laws.

BNS 138 bailable or not ?

Bailable: The section does not explicitly state whether the offense is bailable. Typically, the bail status would be determined based on the severity of the case and the applicable laws.


Bharatiya Nyaya Sanhita Section 138

PointsDetails
Section138
TitleAbduction
DefinitionForcibly compelling or deceitfully inducing someone to leave a place.
Offense ClassificationAbduction
PunishmentImprisonment and/or fine
BailableTypically, this would be determined by the nature of the case.
Legal AuthorityMagistrate or higher court depending on specifics.
NotesAddresses both physical force and deceit.
Bharatiya Nyaya Sanhita Section 138

BNS Section 138 FAQs

What does BNS Section 138 cover?

What methods are considered abduction?

Both physical force and deceitful means can be used to abduct someone.

Does the person being moved have to consent?


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