IPC Sections 366, 366A and 366B: Kidnapping Woman, Procuration of Minor Girl and Importation
Sections 366, 366A and 366B of the Indian Penal Code, 1860 dealt with particular offences involving kidnapping, abduction or inducement of women and girls for specified purposes. This article explains the statutory position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force.
Section 366 IPC - Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, etc.
Meaning: Section 366 applied where a person kidnapped or abducted a woman intending that she might be compelled, or knowing it to be likely that she would be compelled, to marry any person against her will. It also covered kidnapping or abduction for forcing or seducing her to illicit intercourse, or with knowledge that such a result was likely.
The section further covered inducing a woman, by criminal intimidation, abuse of authority or another method of compulsion, to go from any place with the required intent or knowledge relating to forced or seduced illicit intercourse with another person.
Essential ingredients of Section 366 IPC
- There must be kidnapping or abduction of a woman, or the specified form of inducement contemplated by the latter part of the section.
- For kidnapping or abduction, the required intent or knowledge must relate to compelling the woman to marry a person against her will, or forcing or seducing her to illicit intercourse.
- For the inducement limb, criminal intimidation, abuse of authority or another method of compulsion must be used to induce the woman to go from a place.
- The prosecution must establish the particular intent or knowledge required by the statutory provision.
Punishment: Imprisonment of either description for a term which may extend to ten years, and fine.
Section 366A IPC - Procuration of Minor Girl
Meaning: Section 366A applied where a person, by any means whatsoever, induced a minor girl under eighteen years of age to go from any place or to do any act, intending that she might be, or knowing that it was likely that she would be, forced or seduced to illicit intercourse with another person.
Essential ingredients of Section 366A IPC
- The person induced must be a girl under eighteen years of age.
- She must be induced to go from any place or to do an act.
- The inducement may be by any means.
- The accused must have the statutory intent, or the required knowledge of likelihood, that the girl would be forced or seduced to illicit intercourse with another person.
Punishment: Imprisonment which may extend to ten years, and fine.
Section 366B IPC - Importation of Girl from Foreign Country
Meaning: Section 366B dealt with importing into India, from a country outside India, a girl under twenty-one years of age with intent that she might be, or knowing it to be likely that she would be, forced or seduced to illicit intercourse with another person.
Essential ingredients of Section 366B IPC
- A girl must be imported into India from a country outside India.
- She must be under twenty-one years of age.
- The importation must be accompanied by the required intent, or knowledge of likelihood, concerning forced or seduced illicit intercourse with another person.
Punishment: Imprisonment which may extend to ten years, and fine.
Sections 366, 366A and 366B IPC - Punishment and Key Distinction
| IPC provision | Core subject | Age requirement in provision | Maximum imprisonment |
|---|---|---|---|
| Section 366 | Kidnapping, abducting or specified inducement of a woman for compelled marriage or forced/seduced illicit intercourse | No specific age threshold in Section 366 itself | Up to 10 years and fine |
| Section 366A | Procuration of a minor girl for the specified purpose | Girl under 18 years | Up to 10 years and fine |
| Section 366B | Importation of a girl from outside India for the specified purpose | Girl under 21 years | Up to 10 years and fine |
Related IPC Definitions
Understanding these provisions may require reference to the IPC concepts of kidnapping and abduction. The related provisions are explained on the Sections 359, 363 and 363A IPC page and the Sections 360, 361 and 362 IPC page.
Frequently Asked Questions
What was Section 366 IPC?
Section 366 addressed kidnapping or abducting a woman with the specified intent or knowledge concerning compelled marriage or forced or seduced illicit intercourse. It also contained a separate limb dealing with specified methods of compelling a woman to go from a place for the stated purpose.
What was the age under Section 366A IPC?
Section 366A expressly referred to a minor girl under eighteen years.
What was the age under Section 366B IPC?
Section 366B expressly referred to a girl under twenty-one years.
What was the punishment under Sections 366, 366A and 366B IPC?
Each provision prescribed imprisonment extending up to ten years and liability to fine, subject to the wording of the respective section.
Does this page explain the current BNS provision?
No. This article is intentionally confined to the IPC legal position applicable before commencement of the Bharatiya Nyaya Sanhita, 2023. The BNS generally came into force on 1 July 2024.
This article provides general legal information on the historical IPC provisions and is not a substitute for advice on the facts of a particular case.