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.
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 section | IPC, 1860 equivalent | Category |
|---|---|---|
| 87 | 366 | Exact |
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."
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.
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.
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.
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.
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.
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.
No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by the Court of Session.