29 Apr 2018
Mere Abduction of Woman does not Establish Offence u/Sec 366 of IPC
While observing the facts and circumstances of the case, the Two-Judge Bench of the Supreme Court held that no offence of abduction was made out under Section 366 of Indian Penal Code. The other observations made by the Court in the case are enumerated below:
What constitutes offence of Abduction under Section 366 of IPC?
1) That in order to constitute the offence of ‘abduction’ a person must be carried off illegally by force or deception, that is, to compel a person by force or deceitful means to induce to go from one place to another.
2) That the intention of the accused is the basis and the gravamen of an offence under this Section. The volition, the intention and the conduct of the accused determine the offence; they can only bear upon the intent with which the accused kidnapped or abducted the woman, and the intent of the accused is the vital question for determination in each case. Once the necessary intent of the accused is established, the offence is complete, whether or not the accused succeeded in effecting his purpose, and whether or not the woman consented to the marriage or the illicit intercourse.
3) That to constitute an offence under Section 366 of IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by deceitful means, that such abduction took place with the intent that the complainant may be seduced to illicit intercourse and/or that the accused knew it to be likely that the complainant may be seduced to illicit intercourse as a result of her abduction. Mere abduction does not bring an accused under the ambit of this penal section.
4) That to establish an offence under Section 366 of IPC mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse.
5) That unless the prosecution proves that the abduction is for the purposes mentioned in Section 366 of IPC, the Court cannot hold the accused guilty and punish him under Section 366 of IPC