Section 87 BNS: Kidnapping, Abducting or Inducing Woman to Compel Her Marriage

Section 87 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping, abducting or inducing a woman with the specified intent connected with a marriage against her will or forced or illicit intercourse. The Bharatiya Nyaya Sanhita, 2023 is in force from July 1, 2024.

What does Section 87 of the BNS provide?

Section 87 - Kidnapping, abducting or inducing woman to compel her marriage, etc.

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 Sanhita 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.

Meaning and scope of Section 87 BNS

The provision covers two broad forms of conduct. First, it applies where a woman is kidnapped or abducted with the required intention or knowledge that she may be compelled to marry a person against her will, or may be forced or seduced to illicit intercourse. Second, it applies where a woman is induced to go from any place through criminal intimidation, abuse of authority or another method of compulsion, with the required intention or knowledge concerning forced or illicit intercourse.

Essential ingredients

There must be kidnapping or abduction of a woman, or an inducement of the kind described in the provision.
For the marriage limb, the accused must intend, or know it to be likely, that the woman will be compelled to marry a person against her will.
For the illicit-intercourse limb, the required intention or knowledge must relate to the woman being forced or seduced to illicit intercourse.
The second part specifically refers to criminal intimidation, abuse of authority or another method of compulsion used to induce the woman to go from any place.
The mental element of intention or knowledge is therefore central to the offence.

Punishment under Section 87 BNS

A person convicted under Section 87 may be punished with imprisonment of either description for a term that may extend to ten years and is also liable to fine.

Applicable law from July 1, 2024

The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. It replaced the Indian Penal Code, 1860 as the principal substantive criminal law for offences governed by the new Sanhita from its commencement. The Central Government brought the BNS into force from July 1, 2024.

Important: The applicable penal provision can depend on the date of the alleged act or omission and the relevant saving and transition provisions. The facts and date of occurrence should therefore be checked before identifying the governing law.

Official references

For the authoritative legislation and Government information, refer to the official sources below:

Ministry of Home Affairs - New Criminal Laws India Code - Central Acts

Related BNS provisions

Readers may also refer to the immediately preceding and succeeding provisions dealing with offences relating to women and related conduct.