IPC Section 366 and BNS Section 87: Kidnapping or Abduction for Forced Marriage
Section 366 of the Indian Penal Code, 1860 (IPC), addresses kidnapping, abduction or compelling a woman to move from a place for forced marriage or illicit intercourse. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is Section 87.
IPC Section 366 - statutory provision
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; and whoever, by means of criminal intimidation as defined in this Code or of 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.
BNS Section 87 - current corresponding provision
Section 87 of the Bharatiya Nyaya Sanhita, 2023 is titled Kidnapping, abducting or inducing woman to compel her marriage, etc. It covers kidnapping or abducting a woman with the intent or knowledge that she may be compelled to marry against her will or forced or seduced to illicit intercourse. It also covers inducing a woman to go from a place by criminal intimidation, abuse of authority or another method of compulsion, with the specified intent or knowledge concerning illicit intercourse with another person.
Punishment: Imprisonment of either description for a term extending to ten years, and liability to a fine. The statutory language should be consulted for precise application to individual facts.
Essential ingredients of the offence
- Kidnapping or abduction: The prosecution must establish the relevant taking or movement of the woman, or the alternative statutory mode of inducing her to go from a place.
- Specified intention or knowledge: The accused intended, or knew it likely, that she would be compelled to marry against her will or forced or seduced to illicit intercourse.
- Alternative inducement: Criminal intimidation, abuse of authority or another method of compulsion may attract the latter part of the section when accompanied by the requisite intent or knowledge.
- Proof: Evidence of the circumstances, communications, conduct, consent, age and purpose is assessed according to the statutory elements and applicable evidence law.
Meaning of important legal expressions
Kidnapping
Kidnapping is separately defined under BNS Section 137 (historically IPC Sections 359 to 361). Kidnapping from lawful guardianship and kidnapping from India have specific statutory elements.
Abduction
BNS Section 138 (historically IPC Section 362) addresses compelling a person by force, or inducing a person by deceitful means, to go from any place. Abduction is relevant to Section 87 when accompanied by its additional specified purpose or knowledge.
Marriage against her will
The provision concerns compulsion to marry contrary to the woman's will. A voluntary marriage between consenting adults is not, merely because relatives object, sufficient to establish this offence; the prosecution must prove the relevant statutory elements.
Criminal intimidation
Criminal intimidation is addressed under BNS Section 351 (historically IPC Section 503). Threats, abuse of authority and other coercive methods must be examined in their factual context.
IPC Section 366 and BNS Section 87 - comparison
| Topic | IPC Section 366 | BNS Section 87 |
|---|---|---|
| Subject | Kidnapping, abducting or inducing a woman to compel marriage, etc. | Corresponding offence under the BNS |
| Forced marriage | Covered | Covered |
| Illicit intercourse purpose | Covered | Covered |
| Maximum imprisonment | Ten years | Ten years |
| Fine | Also liable to fine | Also liable to fine |
| General applicability | Historical offences before 1 July 2024 | Offences governed by the BNS from 1 July 2024 |
Nature of offence and procedure
Under the applicable criminal procedure schedules, the offence is generally treated as cognizable and non-bailable and triable by a Court of Session. For proceedings under the new framework, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including its First Schedule. Non-bailable does not mean that bail is legally impossible; bail is subject to judicial consideration under applicable law.
Illustrative situations
Example 1: A person forcibly takes a woman away with the intention of compelling her to marry another person against her will. The conduct may attract Section 87 if the elements are established.
Example 2: A person uses threats or abuse of authority to make a woman leave a place, intending that another person force her into illicit intercourse. The latter part of Section 87 may apply.
These examples are explanatory, not substitutes for statutory interpretation or proof in a particular case.
Frequently asked questions
What is the BNS equivalent of IPC Section 366?
The corresponding provision is BNS Section 87.
What is the punishment under BNS Section 87?
Imprisonment of either description for up to ten years and a fine.
Does every case of elopement amount to kidnapping for marriage?
No. Liability depends on the age, circumstances, conduct and proof of kidnapping, abduction or coercive inducement, together with the required intent or knowledge. Other provisions may apply depending on the facts.
Is an offence under Section 87 bailable?
It is classified as non-bailable under the applicable schedule; a court may nevertheless consider a bail application under the law.
Official legislation and references
- India Code - official repository of central legislation (search for the Bharatiya Nyaya Sanhita, 2023, Section 87, and the Indian Penal Code, 1860, Section 366).
- Ministry of Home Affairs - official information on the new criminal laws.
- Bharatiya Nagarik Suraksha Sanhita, 2023 - First Schedule and procedural provisions.
Legal information only. The statute, commencement and transitional rules, relevant judgments and facts should be checked for any particular case.