Section 366 IPC: Kidnapping, abducting or inducing woman to compel her marriage, etc.
Indian Penal Code, 1860
Section 366 IPC at a Glance
Section 366 IPC deals with kidnapping, abducting or inducing woman to compel her marriage, etc. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 87 BNS.
Imprisonment of either description for a term extending up to ten years
Section 366 IPC Bare Act Text
366. 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 Code 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 366, Indian Penal Code, 1860
Section 366 IPC in Simple Words
Section 366 of the Indian Penal Code (IPC) punishes kidnapping, abducting, or inducing a woman to compel her marriage or force her into illicit intercourse.
The section operates across two operational limbs: first, kidnapping or abducting any woman with intent or knowledge that she will be compelled to marry any person against her will, or forced or seduced to illicit intercourse; second, inducing any woman to go from any place by means of criminal intimidation, abuse of authority, or any other method of compulsion with intent or knowledge that she will be forced or seduced to illicit intercourse with another person.
Conviction under Section 366 IPC carries imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.
Ingredients of Section 366 IPC
- Kidnapping or abducting any woman
- Intent or knowledge that she will be compelled to marry against her will
- Or intent or knowledge that she will be forced or seduced to illicit intercourse
- Or inducing a woman to go from any place by criminal intimidation, abuse of authority, or any other method of compulsion, with intent or knowledge that she will be forced or seduced to illicit intercourse with another person
Punishment Under Section 366 IPC
Imprisonment of either description for a term extending up to ten years
Liable to fine
Section 366 IPC 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 366 IPC
When Section 366 IPC Does Not Apply
- A woman of full age leaves her home of her own accord to marry a partner of her choice without any force, deceit, or intimidation.
- A person kidnaps or abducts a woman solely to demand a ransom or settle a property dispute, with no intent or knowledge relating to forced marriage or illicit intercourse.
- A man persuades an adult woman through peaceful conversation to accompany him without using force, deceitful means, criminal intimidation, abuse of authority, or compulsion.
- Two adults elope and marry with mutual consent, without either party being kidnapped, abducted, or compelled against her will.
Section 366 IPC in the BNS
Section 366 IPC is now covered under Section 87 BNS.
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 detailed comparison (IPC 366 vs BNS 87) →FAQs on Section 366 IPC
What offence does Section 366 IPC punish?▼
Section 366 IPC punishes kidnapping, abducting, or coercively inducing any woman with intent that she be compelled to marry against her will or forced or seduced to illicit intercourse.
What punishment does Section 366 IPC prescribe?▼
The section prescribes imprisonment of either description for a term extending up to ten years, and also liability to fine.
Does Section 366 IPC apply if an adult woman elopes voluntarily?▼
No; where an adult woman acts entirely of her own free will without force, deceit, or criminal intimidation, the offence under Section 366 IPC is not made out.
Is Section 366 IPC bailable?▼
No; Section 366 IPC is non-bailable under the First Schedule to the CrPC. Release on bail requires a formal application before the court.
Is an offence under Section 366 IPC cognizable?▼
Yes; Section 366 IPC is cognizable, authorizing police officers to register a first information report and initiate investigation without prior court sanction.
Which court conducts trials for Section 366 IPC?▼
Under the First Schedule to the CrPC, offences under Section 366 IPC are triable exclusively by the Court of Session.
Can an offence under Section 366 IPC be compounded?▼
No; Section 366 IPC is not compoundable under Section 320 CrPC.
Which section in the Bharatiya Nyaya Sanhita corresponds to Section 366 IPC?▼
It corresponds to Section 87 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·