Section 87 BNS: Kidnapping, abducting or inducing woman to compel her marriage

Section 87 of the Bharatiya Nyaya Sanhita (BNS) focuses on protecting women from being taken or lured away against their will for exploitative purposes. It makes it a crime to kidnap or abduct a woman with the intention of forcing her into marriage or to deceive or pressure her into sexual relations. Section 87 BNS also applies if someone uses threats, fear, or manipulation to make a woman leave her home or any other place, knowing that the goal is to marry her off without consent or sexually exploit her. Explore other important Judiciary Notes.

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.

Note: “The information provided on Section 87 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 87 BNS makes it a criminal offence to kidnap, abduct, or pressure a woman with the intention of forcing her to marry someone against her will, or to engage in sexual relations (through force, fraud, or seduction), or to make it easier for someone else to do either of the above.

Section 87 BNS also includes situations where someone uses threats, fear, lies, or tricks to make a woman leave a place (like her home), knowing that the ultimate purpose is to marry her off or exploit her sexually.

Section 87 BNS: Essential Elements

Section 87 BNS lays down the legal framework for the offence of kidnapping, abducting or inducing a woman to compel her marriage, etc. Section 87 of BNS determines when such an act is considered lawful, and when it amounts to a punishable offence. Below are the essential elements that constitute an offence under Section 87 Bharatiya Nyaya Sanhita 2023:

1.Kidnapping or Abduction or Inducing: 

The accused must have committed one of the following acts concerning a woman, for the act to be an offence under section 87 BNS:

• Kidnapping: This involves taking or enticing a minor (under eighteen years of age) out of the keeping of their lawful guardian without the guardian's consent.
• Abduction: This involves compelling or deceitfully inducing any person to go from any place. Unlike kidnapping, the age of the woman is not a determining factor in abduction.
• Inducing: By means of criminal intimidation, abuse of authority, or any other method of compulsion, causing a woman to go from any place.

2.Woman: 

The victim must be a female person, under Section 87 BNS 2023 this offence is put under chapter V, which is related to offences against woman and child.

3.Specific Intent or Knowledge: 

The act of kidnapping, abduction, or inducement under Section 87 BNS 2023 must be accompanied by one of the following intentions or knowledge:

• Intent that she may be compelled to marry any person against her will: The primary motive of the accused must be to force the woman into a marriage she does not consent to.
• Knowing it to be likely that she will be compelled to marry any person against her will: The accused may not have the direct intention but is aware that their actions will likely lead to her being forced into marriage against her will.
• In order that she may be forced or seduced to illicit intercourse: The purpose of the accused is to subject the woman to non-consensual sexual acts.
• Knowing it to be likely that she will be forced or seduced to illicit intercourse: The accused may not directly intend this but knows it is a probable outcome of their actions.

Section 87 BNS and Section 366 IPC Comparison

The textual content of Section 87 BNS is exactly the same as Section 366 of the IPC. The BNS aims to modernize and streamline India's criminal laws, so while the text of Section 87 BNS is clearer and more coherent, the legal elements and punishment remain unchanged. 

Provision Element	Section 87 BNS	Section 366 IPC
Main definition	Whoever kidnaps or abducts any woman with intent that …..to illicit intercourse with another person shall also be punishable as aforesaid.	Same as section 87 BNS

Judicial interpretation of Section 87 BNS by Indian courts has been crucial in determining the ambit and scope of essential elements of section 87 of BNS, mentioned hereinafter are some of the landmark judgments on section 87 of BNS:

1. Consent Is Not Always a Defense

In Shyam and Anr. v. State of Maharashtra (1995), the Supreme Court held that even if a woman appears to go willingly, if the intention of the accused was to compel her marriage or seduce her to illicit intercourse, it can still constitute an offence under Section 366 of Indian Penal Code now Section 87 BNS.

2. Distinction Between Elopement and Kidnapping

In Rajinder Singh v. State of Haryana (2015), the Supreme Court clarified that not all cases of elopement are kidnapping under Section 366 IPC now section 87 of BNS. However, if the woman is a minor, her consent is irrelevant, and taking her away with the intent to marry or sexually exploit her is punishable under Section 87 BNS. This case distinguished consensual relationships from coercive or exploitative ones, particularly when the age of the woman is in question.

3. Intention and Knowledge Are Crucial

In Lalluram v. State of Madhya Pradesh (2000), the Court highlighted that intention or knowledge of the accused, which is, that the woman would be forced into marriage or illicit intercourse, is a key component. Simply abducting a woman without this specific intent may not be enough to attract Section 366 IPC now Section 87 BNS.

4. Inducement Through Deception Is Covered

In State of Haryana v. Raja Ram (1973), the court ruled that inducing a woman to leave her lawful guardian by deceitful means, with the aim of marriage or sexual exploitation, is punishable under Section 87 BNS, even without physical force.

Explore more landmark case laws under Section 366 of Indian Penal Code.

Conclusion

Section 87 BNS 2023, is, at its core, a restatement of the earlier Section 366 of the Indian Penal Code. It focuses on protecting women from being kidnapped or coerced into marriage or sexual exploitation.

Section 87 of BNS, aims to safeguard a woman's freedom to make her own choices about marriage and relationships. Section 87 of BNS recognizes that consent obtained through fear or coercion is not real consent, and it holds perpetrators accountable for using such means to take advantage of a woman’s vulnerability.