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Home › BNS Sections › Section 87
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 87 BNS - Kidnapping, abducting or inducing woman to compel her marriage, etc

धारा 87 भारतीय न्याय संहिता (BNS) किसी स्त्री को विवाह के लिए विवश करने या अवैध संभोग के लिए व्यपहरण या अपहरण का अपराध है - दस वर्ष तक कारावास और जुर्माना। पुरानी IPC की धारा 366 अब यही धारा 87 BNS है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
87 - Kidnapping, abducting or inducing woman to compel her marriage, etc
Old provision
Section 366 IPC
Punishment
Imprisonment for 10 years
Cognizable?
Cognizable.
Bailable?
Non-bailable.
Triable by
Court of Session.

Old law → Section 87 BNS

Corresponds toChangeRemarks
Section 366 IPC Renumbered, no change No change.

Section 87 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes kidnapping or abducting a woman to compel her to marry, or to force or seduce her to illicit intercourse. It is the direct successor of Section 366 of the Indian Penal Code, which the official comparison table records as renumbered into the BNS with no change when the new code commenced on 1 July 2024.

What Section 87 BNS provides

The section has two limbs:

  • Kidnapping or abduction with the specified intent - 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 so forced or seduced.
  • Inducement by compulsion - whoever, by means of criminal intimidation 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 it likely that she will be, forced or seduced to illicit intercourse.

Both limbs carry the same punishment: imprisonment which may extend to ten years, and fine.

Procedure and classification

Per the First Schedule, the offence is cognizable (the police can register an FIR and investigate without a Magistrate's order), non-bailable (bail is at the court's discretion, not a right), and triable by the Court of Session.

What the prosecution must prove

The offence is aggravated kidnapping or abduction: the base act of taking, enticing or abducting must be established first, and then the specific intent or knowledge - compelled marriage, or forced or seduced illicit intercourse - at the time of the act. Intent is usually inferred from conduct and circumstances. Where a young woman leaves of her own accord and the accused played no active part in her leaving her guardian's keeping, the Supreme Court has held there is no "taking" at all - S. Varadarajan v. State of Madras (1965) - a distinction that continues to decide many cases arising out of elopements.

What changed from Section 366 IPC

Nothing of substance - the provision was renumbered from 366 IPC to 87 BNS, and the official comparison table records "no change". The extensive case law on kidnapping, abduction and the required intent continues to apply. Note that the BNS ends at Section 358, so there is no "Section 366" in the new code; a charge on these facts registered today cites Section 87 BNS.

Involved in a case under this section - as a complainant's family or as an accused? These are Sessions trials in which the intent element and the circumstances of the taking are fought hard. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 87 BNS?

Section 87 of the Bharatiya Nyaya Sanhita, 2023 punishes kidnapping or abducting a woman with intent that she be compelled to marry against her will, or forced or seduced to illicit intercourse, with imprisonment up to ten years and fine. It replaced Section 366 IPC on 1 July 2024.

What is Section 366 IPC called now?

Section 87 BNS. The provision was renumbered with no change in substance, so the old case law continues to apply. There is no Section 366 in the BNS, which ends at Section 358.

Is Section 87 BNS bailable, and which court tries it?

It is a cognizable and non-bailable offence, triable by the Court of Session, per the First Schedule of the BNSS.

What must the prosecution prove under Section 87 BNS?

First the kidnapping or abduction itself, and then the specific intent or knowledge at the time of the act - that the woman may be compelled to marry against her will, or forced or seduced to illicit intercourse. Intent is usually inferred from the circumstances.

Does Section 87 BNS apply if the woman went of her own accord?

Where a young woman leaves her guardian's keeping voluntarily and the accused played no active part in her leaving, the Supreme Court held in S. Varadarajan v. State of Madras (1965) that there is no taking - so the base offence, and with it this section, may not be made out. Each case turns on its facts.

What is the punishment under Section 87 BNS?

The offence carries a punishment of imprisonment which may extend to ten years and a fine.

What must the prosecution prove under Section 87 BNS?

The prosecution must first establish the base act of taking, enticing, or abducting, and then prove the specific intent or knowledge of compelled marriage or forced or seduced illicit intercourse.