Abducting under section 100 IPC

June 6, 2023

The definition of abduction as it is applied in this section is found in Section 362 of the Code. The fifth clause of this section is applicable when the definition’s only requirement—an assault—is met, which is an offence committed against the human body with the aim to kidnap.

 The court has also held that a woman could not be taken from a paramour’s home by force, not even by her spouse, and that, in such a case, if the illicit partner and his brother killed the husband to prevent the wife’s abduction by the husband, they would not be subject to punishment under subsection (5) of section 100 of the Penal Code.

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