Bharatiya Nyaya Sanhita, 2023
Section 87
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. Of causing miscarriage, etc.
Why this exists
This provision continues a protection first written into the Indian Penal Code of 1860, aimed at preventing forced marriages and coerced sexual relationships achieved through kidnapping, abduction, intimidation, or abuse of authority. Colonial-era lawmakers sought to criminalize not just the physical act of taking a woman away, but the coercive purpose behind it, recognizing that consent obtained through force or fraud is no consent at all.
How courts read it
Indian courts, interpreting the identical predecessor provision (Section 366 IPC), have consistently held that the prosecution must prove both the act of kidnapping or abduction and the specific intent or knowledge that the woman would be compelled into marriage or illicit intercourse. Courts have clarified that 'illicit intercourse' does not require actual intercourse to occur—the intent or likelihood is enough. Judgments have also stressed that if the woman is a minor, her 'consent' is legally irrelevant, since kidnapping of a minor from lawful guardianship is itself an offense regardless of her willingness.
Common misconceptions
- Myth: The woman must actually be forced into marriage or intercourse for the crime to count.
Fact: Courts have held that the intent or known likelihood of forcing her is enough—the crime is complete at the point of kidnapping or abduction with that purpose, even if the forced marriage or intercourse never actually happens. - Myth: If the woman later agrees to the marriage, no crime occurred.
Fact: Later 'agreement,' especially under pressure or after abduction, does not erase the original offense, which is judged by the intent at the time of kidnapping or abduction.