Section 87 BNS: Kidnapping, abducting or inducing woman to compel her marriage, etc
Bharatiya Nyaya Sanhita, 2023
Section 87 BNS at a Glance
Section 87 BNS deals with kidnapping, abducting or inducing woman to compel her marriage, etc. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 366 IPC on 1 July 2024.
Imprisonment of either description for a term extending up to ten years
Section 87 BNS Bare Act Text
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.
Source: Section 87, Bharatiya Nyaya Sanhita, 2023
Section 87 BNS in Simple Words
Section 87 of the Bharatiya Nyaya Sanhita (BNS) deals with kidnapping, abducting, or inducing a woman with a specific wrongful purpose. The law applies where a woman is kidnapped or abducted with the intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry someone against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it is likely that she will be forced or seduced to illicit intercourse. It also applies where a person induces a woman to go from any place by criminal intimidation, abuse of authority, or any other method of compulsion with the intent or knowledge that she will likely be forced or seduced to illicit intercourse with another person.
The focus is not just on movement or taking away. The prosecution must also show the wrongful intent or knowledge behind it. This section is used in serious cases involving coercion, abuse of authority, or forced marriage situations. It protects women from being removed from lawful protection and pressured into marriage or sexual exploitation.
In practice, police often add this section along with kidnapping or abduction provisions when the facts show a clear design to control the woman's choice. It is a serious offence and is treated as non-bailable and cognizable, which means arrest can be made without a warrant and bail is not a matter of right.
Ingredients of Section 87 BNS
- Kidnapping or abducting any woman with intent or knowledge of forced marriage against her will
- Kidnapping, abducting, or inducing any woman by intimidation, abuse of authority, or compulsion for illicit intercourse
- Relocation to Chapter V of the BNS governing offences against women and children
- Preservation of imprisonment of either description up to ten years and liability to fine under Section 87 BNS
Punishment Under Section 87 BNS
Imprisonment of either description for a term extending up to ten years
Liable to fine
Section 87 BNS punishes kidnapping, abducting, or inducing a woman with intent that she be compelled to marry against her will or forced or seduced to illicit intercourse with imprisonment of either description extending up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.
Example of Section 87 BNS
When Section 87 BNS Does Not Apply
- An adult woman departs voluntarily and exercises independent choice without force, deceit, or intimidation
- A consensual marriage or elopement occurs without any abduction, kidnapping, or coercive compulsion
- A dispute or altercation arises without any intent to compel marriage or illicit intercourse
Section 87 BNS in the IPC (Previous Law)
Section 87 BNS replaces Section 366 IPC from the old criminal code.
Section 366 IPC corresponds to Section 87 BNS. The offence is relocated from Chapter XVI of the IPC to Chapter V of the BNS, entitled Of Offences Against Woman and Child. The statutory wording and elements are preserved, updating the cross-reference from this Code to this Sanhita. The penalty of imprisonment of either description extending up to ten years and liability to fine continues without alteration.
View IPC Section 366 →FAQs on Section 87 BNS
Does Section 87 BNS apply if the woman went willingly?▼
Not always. The key issue is whether the accused induced, took, or abducted her with the forbidden intent. If she went voluntarily without any wrongful inducement, this section may not stand on the facts.
Under Section 87 BNS, is actual marriage or intercourse necessary for conviction?▼
No. The prosecution mainly has to prove the wrongful intent and the act of kidnapping, abduction, or inducement. The offence can be complete even if the marriage or intercourse never actually happens.
Can family members complain under Section 87 BNS?▼
Yes. A complaint can be made by the woman herself, her parents, guardians, or any person who has knowledge of the incident. In practice, police often act on missing person reports or complaints from family.
Is Section 87 BNS still used after the new criminal laws came into force?▼
Yes, under the Bharatiya Nyaya Sanhita (BNS), 2023, this offence is punished under Section 87 BNS. References to the old penal code may still appear in older FIRs, charge-sheets, and court records, depending on when the case began.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·