Indian Penal Code, 1860
Section 366
repealedKidnapping, 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;
Why this exists
This provision protects women's autonomy over marriage and their bodily integrity, addressing the historical and ongoing problem of forced marriages and abductions for sexual exploitation. It criminalizes both the direct intent and the mere knowledge that such an outcome is likely, casting a wide protective net. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize kidnapping or abduction of a woman for forced marriage or illicit intercourse.
How courts read it
Courts have held that even if the woman later appears to consent to the marriage under family or social pressure, the offence is complete if she was originally taken away with the intent or likely knowledge that she would be compelled to marry or be sexually exploited against her will.
Common misconceptions
- Myth: If the woman appears to consent to the marriage afterward, no crime occurred.
Fact: If she was originally taken away with intent to compel her into marriage or intercourse against her will, the offence is already complete, regardless of any later appearance of consent obtained under pressure or isolation.