Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Kidnapping of Woman Forcing her into Marriage or Sexual Relations (S. 87 BNS)
Under the Bharatiya Nyaya Sanhita, 2023, aggravated forms of kidnapping and abduction include situations where the act is done for purposes such as murder, ransom, forced marriage, sexual exploitation, trafficking, slavery, begging, or wrongful confinement. These offences recognize that kidnapping is often used as a means to facilitate more heinous crimes, thereby compounding the harm caused to the victim.
The distinction between simple kidnapping and its aggravated forms lies primarily in the specific criminal intent, the nature of the victim, and the resulting harm or risk. By identifying and categorizing these aggravated forms, the legal framework ensures proportional punishment and strengthens deterrence against organized and violent crimes.
This article examines the taking or enticing a woman away from her lawful guardians (kidnapping of woman) or misleading her through deceit, threats, or coercion, with the intention of forcing her into marriage or sexual relations against her will. Such conduct not only infringes on fundamental rights but also exposes women—especially minors and vulnerable individuals—to psychological trauma, exploitation, and social marginalization.
Kidnapping of Woman Forcing her into Marriage or Sexual Relations
Section 87 BNS:
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.
Section 87 BNS deals with the offence of kidnapping or abducting a woman with the intent to compel her marriage or to force or seduce her into illicit intercourse. It is a serious offence aimed at protecting women from forced marriage, sexual exploitation, and coercion. Section 87 BNS plays a vital role in safeguarding women from coercive practices such as forced marriage and sexual exploitation. By emphasizing criminal intent and protecting a woman’s free will, the law reinforces the principles of dignity, autonomy, and personal liberty.
Essential Ingredients of Section 87 BNS:
To establish the offence, the prosecution must prove:
- The accused kidnapped or abducted a woman;
- Such act was done with the intention:
- To compel her marriage against her will, or to force/seduce her to illicit intercourse, or
- Knowing it to be likely that she would be compelled, to marry any person against her will or she would be forced/seduced to illicit intercourse.
The intention of the accused is the most crucial element in this offence. Mere taking away is not enough; the intent must be clearly established. Consent obtained through fear, fraud, or coercion is not valid consent. Even if the woman is major, abduction with wrongful intent may attract liability.
Examples:
- A man abducts a woman and threatens her to marry him in a temple against her consent. This amounts to kidnapping/abduction with intent to compel marriage under Section 87 BNS.
- An adult man persuades a 16-year-old girl to leave her parents’ home and marries her without parental consent. Even if she went willingly, it may amount to an offence under Section 87 BNS if the intention was to compel marriage or illicit intercourse, especially since she is a minor.
- A person forcibly takes a woman to another city intending to sexually exploit her. Abduction with intent to force or seduce to illicit intercourse falls under Section 87 BNS.
- An accused falsely promises marriage to a woman, induces her to leave her home, and then forces her into a sexual relationship. If it is proven that the intention from the beginning was exploitation, Section 87 BNS applies.
- A man threatens to harm a woman’s family unless she accompanies him and marries him. Movement caused by criminal intimidation with intent to compel marriage attracts liability under Section 87 BNS.
- A person kidnaps a woman and hands her over to another man in exchange for money, knowing she will be forced to marry. This clearly falls within the scope of Section 87 BNS.
Punishment:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of Offence:
The offence is cognizable, non-bailable, non-compoundable, and triable by Court of Session
Judicial Analysis:
In Smt. Malti Devi And Another vs State Of U.P. 17 July, 2023 case, the Allahabad High Court said that Section 366 IPC (S. 87 BNS) only applies when the woman abducted has no intention of marriage or lawful intercourse when abducted. Mere abduction does not bring the accused under the ambit of this penal section.
In Narain v. State of UP, Criminal Appeal No. – 138 of 2001, 2019:AHC:138461 case, the Allahabad High Court said that to constitute an offence under section 366 IPC (S. 87 BNS), these facts must be proved beyond reasonable doubt that a woman must be kidnapped, abducted or compelled to marry any person or she is forced or seduced to illicit intercourse by means of criminal intimidation or of abuse of authority or any other method of compulsion, induced or forced or seduced to illicit intercourse with another person. Mere abduction does not bring an accused under the ambit of this penal section so far as section 366 IPC (S. 87 BNS) is concerned.
In Gabbu vs.State of M.P., AIR 2006 SC 2461 case, the Apex Court has held that mere finding that a woman was abducted is not enough, it must further be proved that the accused abducted the woman with intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person 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. Unless the prosecution proves that the abduction is for the purposes mentioned in Section 366 IPC (S. 87 BNS), the Court cannot hold the accused guilty and punish him under Section 366 IPC (S. 87 BNS).
In Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313 case, where Mohini’s parents got to know that she had been having sexual intercourse with the appellant and reprimanded her. They also sent a letter to him telling him to stay away from Mohini. She, however, met him again when she had gone to Ahmedabad on a school trip and for two months after that, they kept sending each other letters in which Mohini had complained about her parents ill-treating her and expressed her desire to leave her house. Next month, the appellant asked her to meet him at his house and she met him there. He made her write three letters to her father, the appellant and the police superintendent. These letters contained complaints of ill-treatment by her parents and also said that she had taken Rs. 250 from the appellant and was leaving to Bombay. He then made her sit in a cars’ dicky and took her away to someplace. Then he had sexual intercourse with her against her wishes. Meanwhile, her father filed a case. Next morning, while investigating police came to his house to search it for Mohini. The appellant hid Mohini in his garage and later told her to run out in the street, where the police found him. On medical examination, no evidence of forced intercourse was found. The court held that in the present case, the appellant got close to the minor girl in the manner of making promises and giving her gifts, like new clothes, etc. He took advantage of this closeness to entice her out of her parent’s guardianship and thus kidnapped her. The court further, clarified the legal position with respect to an offence under section 366 of IPC and said that law seeks to protect the minor children from being seduced into illicit activities and also the rights of the guardians towards their children. It clarified that kidnapping can be done by enticing or inducing minor out of the keeping of their guardians. Hence, it was held that Mohini’s acceptance to go with him and have intercourse with him is not enough to absolve him from the offence.
Conclusion:
Section 87 BNS serves as a critical safeguard against the abduction, inducement, or coercion of women for marriage or sexual exploitation. It recognizes the fundamental right of every woman to personal liberty and autonomy, criminalizing acts that threaten her freedom and dignity. The provision not only punishes offenders with stringent penalties but also acts as a deterrent against societal practices that compromise consent. Effective enforcement, coupled with awareness and education, is essential to ensure that women are protected from coercion and that justice is accessible to victims. Ultimately, Section 87 BNS underscores the legal system’s commitment to upholding consent, protecting women from exploitation, and fostering a society where personal freedom is respected and safeguarded.
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