BNS Section 138
Is forcing someone to leave a place considered abduction?
Short answer
Yes, using force or deceit to make a person go from any place is defined as abduction under Section 138 of the Bharatiya Nyaya Sanhita, 2023.
In detail
Section 138 of the Bharatiya Nyaya Sanhita, 2023, says that a person commits abduction when they either use physical force or employ any deceptive method to cause another person to leave any location. The law does not limit the act to a particular type of place; it can be a home, a public area, or any other spot. Both the use of force—such as restraining or threatening someone—and the use of deceit—like lying or tricking someone—are covered. If someone compels another individual to move away against their will by either of these means, the law treats that conduct as abduction, and the person who does it is said to have abducted the victim. This definition sets the basic legal standard for what constitutes abduction, without detailing any further penalties or exceptions.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.