| Particulars | Details |
|---|---|
| Section | BNS Section 87 |
| Offence | Kidnapping or Abducting a Woman to Compel Marriage |
| Old IPC Section | IPC 366 |
| Punishment | Up to 10 Years Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 87 protects women from being kidnapped, abducted, or induced for the purpose of forced marriage or illicit sexual relations. The provision targets individuals who deprive women of their freedom of choice and attempt to compel them into marriage against their will.
The offence also covers situations where a woman is abducted or induced to leave a place so that she may be forced or seduced into illicit intercourse. The law recognizes that coercion, intimidation, abuse of authority, and similar methods can be used to exploit women.
BNS Section 87 corresponds to old IPC Section 366 and continues the legal protection against forced marriage and sexual exploitation under the Bharatiya Nyaya Sanhita, 2023.
What is BNS Section 87?
BNS Section 87 makes it an offence to kidnap or abduct any woman with the intention that she may be compelled to marry any person against her will or be forced or seduced into illicit intercourse.
The section also punishes a person who, through criminal intimidation, abuse of authority, or any other method of compulsion, induces a woman to go from one place to another for the purpose of illicit intercourse.
Bare Act Text of BNS Section 87
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, 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, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Whoever, by means of criminal intimidation or abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
Essential Ingredients of BNS Section 87
To establish an offence under BNS Section 87, the prosecution must prove:
- The victim is a woman.
- The accused kidnapped, abducted, or induced the woman.
- The act was committed with the intention of compelling her marriage against her will, or forcing or seducing her into illicit intercourse.
- The accused knew that such consequences were likely.
- The act involved kidnapping, abduction, intimidation, abuse of authority, or other forms of compulsion.
- There was a clear criminal intention behind the conduct.
Punishment Under BNS Section 87
A person convicted under BNS Section 87 may be punished with:
- Imprisonment of either description for a term extending up to 10 years; and
- Fine.
The punishment reflects the seriousness of offences involving forced marriage and sexual exploitation of women.
Classification of the Offence Under BNS Section 87
| Particulars | Details |
|---|---|
| Nature of Offence | Kidnapping or Abducting a Woman to Compel Marriage |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Bail Under BNS Section 87
BNS Section 87 is a non-bailable offence.
An accused person cannot claim bail as a matter of right. Bail may be granted only by the competent court after considering the nature of allegations, evidence collected during investigation, the possibility of influencing witnesses, and the overall facts of the case.
Courts generally adopt a cautious approach because the offence involves the personal liberty, dignity, and safety of women.
Which Court Has Jurisdiction Under BNS Section 87?
Offences under BNS Section 87 are triable by the Court of Session.
After completion of investigation and filing of the charge sheet, the case is committed to the Sessions Court for trial.
Legal Process Under BNS Section 87
- Registration of FIR.
- Rescue and protection of the victim, if necessary.
- Police investigation.
- Recording of the victim's statement.
- Collection of documentary, electronic, and witness evidence.
- Arrest of the accused where required.
- Medical examination, if relevant.
- Filing of charge sheet.
- Committal of the case to the Court of Session.
- Framing of charges.
- Recording of prosecution evidence.
- Cross-examination of witnesses.
- Defence evidence, if any.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
Old Law vs New Law (IPC → BNS Mapping)
| Old IPC Section | BNS Section |
|---|---|
| IPC Section 366 | BNS Section 87 |
The substance of the offence remains substantially similar. BNS Section 87 replaces IPC Section 366 while continuing to punish forced marriage and abduction for illicit intercourse.
Important Case Laws / Judgments
Shyam and Another v. State of Maharashtra
The Supreme Court observed that the intention behind the kidnapping or abduction is a crucial factor in determining liability under provisions relating to forced marriage.
Rajinder Baburao Mahale v. State of Maharashtra
The Court discussed the distinction between kidnapping, abduction, and consent, emphasizing the importance of examining the surrounding circumstances of each case.
State of Haryana v. Raja Ram
The Supreme Court clarified principles relating to kidnapping and abduction offences and the significance of intention and conduct of the accused.
Defences Available to the Accused Under BNS Section 87
Depending on the facts of the case, possible defences may include:
- False implication.
- Absence of kidnapping or abduction.
- Lack of criminal intent.
- No intention to compel marriage.
- No intention to force or seduce the woman into illicit intercourse.
- Voluntary conduct of the woman without coercion or inducement.
- Insufficient evidence connecting the accused to the alleged offence.
Real-Life Example of BNS Section 87
A man forcibly takes a woman from her residence and transports her to another city with the intention of compelling her to marry him against her wishes. Such conduct may attract liability under BNS Section 87.
Similarly, if a person uses threats or abuse of authority to induce a woman to travel to another location where she is intended to be forced into illicit intercourse, the offence under this section may be established.
Conclusion
BNS Section 87 is an important safeguard against forced marriages and sexual exploitation of women. The provision criminalizes kidnapping, abduction, and inducement carried out with the intention of compelling a woman to marry against her will or forcing her into illicit intercourse.
As the successor to IPC Section 366, the section continues to provide strong legal protection for women's autonomy, dignity, and freedom of choice. Given the serious nature of the offence, it is cognizable, non-bailable, and triable by the Court of Session.