Code – Section 87 BNS
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.
Explanation of Section 87 BNS
What Does This Section Cover?
- Kidnapping or abduction of a woman with the intent to force her into marriage.
- Forcing or seducing a woman into illicit intercourse against her will.
- Using criminal intimidation, authority, or coercion to take a woman to another place for unlawful purposes.
Key Legal Aspects:
- The crime includes both physical abduction and psychological coercion.
- The act must be done with the intent or knowledge that the woman will be forced into marriage or illicit relations.
- Punishment: Up to 10 years imprisonment + fine.
🔗 Read Section 86 BNS – Cruelty Defined
Illustrations
Example 1: Forced Marriage by Abduction
A man kidnaps a woman and takes her to another state to force her into marriage. This is an offense under Section 87 BNS.
Example 2: Threats and Coercion for Marriage
A powerful local leader threatens a woman’s family with violence unless she agrees to marry his son. This is a violation of Section 87 BNS.
Example 3: Abuse of Authority
A person uses his position of power (e.g., employer, police officer, or guardian) to force a woman into a relationship. This is also punishable under Section 87 BNS.
🔗 Read Section 84 BNS – Enticing or Detaining a Married Woman
Common Questions and Answers on Section 87 BNS
1. What is the punishment for kidnapping a woman under Section 87 BNS?
- Up to 10 years imprisonment and a fine.
2. Does this law apply only to physical kidnapping?
- No, even psychological coercion, threats, or abuse of power fall under this section.
3. Can family members be charged under Section 87 BNS?
- Yes, if they are involved in forcing a woman into marriage against her will.
4. What if the woman consents under pressure?
- If consent is obtained through threats, intimidation, or coercion, it is invalid under law.
5. Is this section applicable to cases of trafficking?
- Yes, if a woman is kidnapped or induced for illicit purposes, it overlaps with anti-trafficking laws.
🔗 Read Section 82 BNS – Marrying Again During Lifetime of Spouse
Conclusion
Section 87 BNS strictly prohibits forced marriages, abduction, and coercion of women for illicit purposes. It aims to protect women’s rights and punish offenders with severe imprisonment and fines.
If you or someone you know is facing such threats, legal action can be taken under this section.
For legal assistance, visit ApniLaw today! 🚀