Understanding Abduction Laws Section 362
Learn about the definition and elements of abduction as per Section 362 of the law. Explore the main ingredient of forceful compulsion or inducement by deceitful means, along with real-life cases and legal verdicts related to abduction offenses.
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Presentation Transcript
Abduction [section 362] Whoever by force compels, or by any other deceitful means induces, any person to go from any place is said to abduct any person
Main Ingredient [1]- FOCEFUL COMPULSION OR INDUCEMENT BY DECIETFUL MEANS [2]THE OBJECT OF SUCH COMPULSION OR IDUCEMENT MUST BE THE GOING OF A PERSON FROM ANY PLACE Actual use of force in necessary. Merely show or mental threat of force is not sufficient. Some active suggestion on the part of abdauctor is necessary.
It must be for the man to move from one place to another. It is a continuing offence means a person is not liable only when a person is first moved from one place to another but all those who are involved in subsequently moving that person to other places are also liable. Cases-[1]-mahbub s cases- an orphan girl was brought by a person as his own daughter, a neighbour of that person induced her to leave her house and give assurance to the girl for marriage but he did the neither and handed over to one of his friend who also proceeded to have connection with her. The neighbour was held guilty of this offence. It was held that in this case deceitful means is wide enough to include the inducing of a girl to leave her guardian house by inducement to marriage
Chundu Murmu Vs.State of west Bengal- Vinod Chaturvedi Vs.State of Madhya Pradesh
