BNS Section 87: Kidnapping, Abduction & Forced Marriage Laws

Section 87 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses offenses related to kidnapping, abduction, or inducing a woman to compel her into marriage or other unlawful acts. This section criminalises actions intended to deprive a woman of her freedom for exploitative purposes.

Definition of BNS Section 87

Section 87 of the BNS 2023 States:
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 and Illustration of Section 87 (Bharatiya Nyaya Sanhita, 2023)

The provision under Section 87 of the Bharatiya Nyaya Sanhita (BNS) outlines severe penalties for kidnapping or abducting a woman with specific exploitative intents. Its explanation is as follows:

Clause 1: Kidnapping or Abduction with Intent to Compel Marriage or Force Illicit Intercourse

This clause criminalises kidnapping or abduction done with the intention of compelling a woman to marry against her will

It also covers situations where the perpetrator knows it is likely that the woman will be forced or seduced into illicit intercourse

Such acts are punishable with imprisonment of up to ten years and a fine.

Clause 2: Inducing a Woman through Intimidation or Compulsion

This clause penalises acts where a woman is induced to leave her place by using:

Criminal intimidation (threats or coercion as defined in the BNS),

Abuse of authority, or

Other forms of compulsion.

The intent or likelihood of forcing or seducing the woman into illicit intercourse with another person is also punishable under this provision.

Purpose of the Provision
This section aims to safeguard women from being exploited or coerced into situations that compromise their autonomy, dignity, and safety. It enforces accountability for those engaging in such predatory behaviors, thereby ensuring justice and protection.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS Section 87

BNS-87 addresses and also penalises acts of coercion that facilitate such crimes.

Intent Behind the Crime:

Forced Marriage: Abducting or kidnapping a woman to compel her into a marriage against her will

Illicit Intercourse: Forcing or seducing her into engaging in unlawful sexual relations.

Penalties:

Imprisonment: Offenders may face a prison sentence of up to 10 years.

Fine: A monetary fine may also be imposed.

Use of Coercion:

Criminal Intimidation: Using threats or intimidation to compel a woman to leave her location with the knowledge or intent that she will be subjected to illicit intercourse.

Abuse of Authority: Exploiting power or influence to induce a woman into such situations.

Scope of Punishment:

Direct and Indirect Acts: The provisions cover both direct acts of kidnapping and indirect methods of coercion or intimidation

Coercive Behavior: Any threats or coercion compelling a woman to engage in illicit activities are punishable under this section.

Differences Between Section 87 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 87 and its equivalent Indian penal code IPC section 366 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
87	Kidnapping or abducting in order to murder or for ransom, etc.	366	No change.

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FAQs About Section 87 of the Bharatiya Nyaya Sanhita (BNS)

What is Section 87 of the Bharatiya Nyaya Sanhita?

Section 87 of the Bharatiya Nyaya Sanhita addresses the crimes of kidnapping and abduction of women with specific intents, such as forcing them into marriage or illicit sexual relations. It also penalises coercion or intimidation used to compel women into these situations.

What acts are considered punishable under Section 87?

This section punishes both direct acts of kidnapping or abduction and indirect methods, such as criminal intimidation. If these acts are done to force a woman into marriage or illicit intercourse, the offenders are liable under this law.

What penalties does Section 87 prescribe?

Offenders convicted under Section 87 face up to 10 years of imprisonment and may also be required to pay a monetary fine. The penalties apply to both physical acts of abduction and coercion through intimidation or influence.

How does Section 87 define criminal intimidation?

Criminal intimidation under Section 87 includes threats or coercive actions that compel a woman to leave her place, knowing or intending that she will be forced into illicit sexual relations. This includes psychological manipulation or misuse of power.

Who can be held liable under Section 87?

Any individual who directly abducts or kidnaps a woman, or indirectly uses threats, influence, or authority to coerce her into an unlawful marriage or sexual relationship, can be held liable under Section 87 of the Bharatiya Nyaya Sanhita.