Launch offer — up to 85% off across all services | Free Educational Brief with every drafting order | Claim it →

Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Kidnapping, Abduction, Slavery and Forced Labour
← Previous Section 87 of 358 Next →
Bharatiya Nyaya Sanhita, 2023 — Section 87

Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, Etc.

Section 87 punishes kidnapping or abducting a woman with intent, or knowledge of likelihood, that she will be compelled to marry against her will, or forced or seduced into illicit intercourse; and separately punishes inducing a woman, through criminal intimidation or abuse of authority or any other method of compulsion, to go from any place with intent or knowledge that she will be forced or seduced into illicit intercourse with another person. Both limbs carry the same punishment.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 87 to old IPC Section 366, and cross-checked directly against the bare text of both Acts. This section opens a new chapter of the Sanhita — corresponding to old IPC Chapter XVI's sub-heading "Of Kidnapping, Abduction, Slavery and Forced Labour."

BNS sectionIPC, 1860 equivalentCategory
87366Exact

Comparing the two texts word for word, Section 87 is reproduced without any substantive change from old IPC Section 366, apart from the reference to "this Sanhita" replacing "this Code."

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:

Section 87: punishment — “Imprisonment for 10 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Kidnapping, abducting, or inducing a woman to compel marriage or illicit intercourse

Explanation (Lexovia's Commentary)

Section 87 punishes two related but distinct forms of conduct against a woman. The first limb covers kidnapping or abducting a woman with intent, or knowledge of likelihood, that she will be compelled to marry someone against her will, or will be forced or seduced into illicit intercourse. The second limb covers inducing a woman, by criminal intimidation, abuse of authority, or any other method of compulsion, to go from any place with intent or knowledge that she will be forced or seduced into illicit intercourse with another person. Both limbs are punishable alike, with imprisonment of either description extending to ten years, and fine.

Illustration (Lexovia's Own Example)
A abducts Z, a woman, knowing it to be likely that she will be compelled to marry B against her will. A is liable under Section 87. In a separate instance, C, by abuse of authority over Z, induces her to go from her workplace to a secluded location, knowing it likely that she will be forced into illicit intercourse there with D. C is also liable under Section 87.
Want legal research on any topic or drafting? Order Now →

Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 87 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat, [2021] 1 S.C.R. 249 (Supreme Court of India, Criminal Appeal No. 1919 of 2010, decided 12 January 2021, N.V. Ramana CJI, S. Abdul Nazeer & Surya Kant, JJ.)

Quoted Paragraph (Verbatim)
HELD, Proposition 1 (source uses "HELD : 1." convention, not paragraph numbers)
“… ‘enticement’ need not be direct or immediate in time and can also be through subtle actions like winning over the affection of a minor girl … consent of the minor is immaterial for purposes of Section 361 of IPC…”
What This Judgment Means (Lexovia's Commentary)

A minor girl was taken away by a man who admitted to having sexual intercourse with her and an intention to marry her. The Supreme Court held that enticing away a minor requires only some act of enticing or taking in addition to her minority and her guardian's care — subtle actions like winning over her affection are enough, and her own consent is legally immaterial because minors cannot give lawful consent for this purpose. Once the prosecution shows the kidnapping was done with intent or knowledge that it would compel marriage or induce illicit intercourse, the enhanced punishment for kidnapping with that intent applies.

Currency check: decided January 2021; no adverse subsequent history found.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Does Section 87 require the marriage or intercourse to actually take place?

No. It is enough that the accused acted with intent, or knowledge of likelihood, that the woman would be compelled to marry or would be forced or seduced into illicit intercourse — the offence does not require that outcome to actually occur.

What is the difference between the two limbs of Section 87?

The first limb requires kidnapping or abduction of the woman herself. The second limb does not require kidnapping or abduction — it covers inducing a woman to go from a place through criminal intimidation, abuse of authority, or another method of compulsion, with intent or knowledge that she will be forced or seduced into illicit intercourse elsewhere.

Is this offence bailable?

No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by the Court of Session.

← Previous Section 87 of 358 Next →
Spotted something that looks outdated because of a recent amendment, mismatched, or just a typographical error? Email us or message us on Instagram — it helps us keep this page accurate for everyone who reads it after you.