Report No. 156
Present Position in the I.P.C.
10.02. Section 362 of the Indian Penal Code is dealing with the abduction which runs as under:
"362. Abduction.-Whoever by force compels, or by deceitful means induces, any person to go from any place, is said to abduct that person."
The ingredients necessary to constitute an abduction of a person are-
1. that the person must have been made to go from any place, and
2. that such going must have been-
(a) under compulsion by the use of force, or
(b) induced by deceitful means.
(1) Abduction by itself is not punishable as a substantive offence.
(2) But if it falls within the categories dealt with by sections 364 to 369 except 366A, 366B and 368 by reason of other additional elements apart from force or fraud, it will be an offence punishable under those sections.
Of course, section 362 is dealing with the problem of "Abduction" of a "person". But in the crime of Air-hijacking, the "Aircraft" is a juristic "person". Moreover, at the time of committing the crime of Air-Hijacking, there may be persons inside the aircraft either as passengers or as crew members or both.
But legally, it will be very difficult to cover the crime of Air-Hijacking under section 362 of the I.P.C. as this crime was never imaginated by the framers of the Code. And as society progressed, the notions of property and revenge grew up which germinates new crimes in the society and one of them is the modern crime of Air-Hijacking.