Introduction of 87 BNS
87 BNS deals with the crime of kidnapping, abducting, or inducing a woman with the intent to force her into marriage or illicit activities against her will. This law aims to protect women from being coerced or manipulated into such situations.
What is section BNS Section 87 ?
Section 87 of the BNS punishes anyone who kidnaps or abducts a woman with the intent to compel her to marry against her will or to engage in illicit intercourse. The section also covers inducing a woman to leave a place with the intent of forcing her into such situations.
BNS Section 87 in Simple Points
- Kidnapping or Abducting with Intent: If someone takes a woman away by force or deceit, intending to compel her to marry or engage in illicit activities, it is a crime under BNS Section 87.
- Compulsion or Intimidation: Using threats, authority, or any form of compulsion to induce a woman into a situation where she may be forced into illicit intercourse is also covered under this section.
- Severe Punishment: The offender can be sentenced to up to ten years in prison and may also be fined.
- Protection of Women’s Rights: This section is specifically designed to protect women from being forced into marriage or sexual exploitation.
- Non-Bailable Offence: Crimes under this section are non-bailable, meaning the accused cannot be easily released on bail.
Section 87 BNS Overview
BNS Section 87 punishes anyone who kidnaps or abducts a woman with the intent to force her into marriage or illicit intercourse. The punishment can be up to ten years of imprisonment along with a fine.
BNS 87 : 10 Key – Points
Crime of Kidnapping
Under this section, forcibly taking or kidnapping a woman against her will with the intention of compelling her into marriage is treated as a serious crime. It directly protects women from being married off without their consent, which is a violation of both their dignity and liberty.
Inducing for Illicit Intercourse
The law also applies when someone induces or persuades a woman through deceit, pressure, or manipulation to engage in illicit intercourse. Even if no physical force is used, wrongful persuasion or fraudulent methods fall under this offence.
Awareness of Consequences
For liability, it must be shown that the offender knew or reasonably expected that their actions would likely result in the woman being compelled into marriage or sexual relations. This focus on awareness ensures that offenders cannot escape by claiming ignorance of the outcome.
Criminal Intimidation
If threats, power, or influence are used to put pressure on the woman to marry or submit to illicit acts, it counts as criminal intimidation under this section. Such intimidation strips the woman of free choice, and the law treats it as a grave offence.
Extended Imprisonment
The punishment for offences under Section 2087 can extend up to ten years of imprisonment. The severity of this penalty reflects the seriousness of the crime and the law’s intention to discourage such coercive practices.
Liability to Fine
In addition to imprisonment, the offender is also liable to pay a fine. This dual punishment ensures that offenders face both custodial and financial consequences, strengthening the deterrent effect of the law.
Non-Bailable and Non-Compoundable
The offence is classified as non-bailable, meaning the accused cannot claim bail as a right, and must seek it through court discretion. It is also non-compoundable, so it cannot be settled privately between the parties, ensuring the case goes through proper legal trial.
Tried in Sessions Court
Given the gravity of the crime, cases under Section 2087 are tried in a Court of Sessions, a higher-level court equipped to deal with serious offences. This ensures that the matter receives the necessary judicial attention.
Focus on Women’s Safety
The primary objective of this section is to protect women from coercion, force, or deceit. By criminalizing such acts, the law strengthens women’s rights to dignity, personal freedom, and informed consent in matters of marriage and relationships.
Preventive Law
By prescribing harsh penalties and strict enforcement, this section acts as a preventive measure. It discourages individuals from attempting to kidnap or deceive women into marriage or illicit acts, thereby upholding social justice and protecting vulnerable women.
Examples
- Example 1: A man forcibly takes a woman from her home, intending to make her marry him against her will. He is aware that she does not want to marry him, but he uses threats to compel her. Under BNS Section 87, he can be punished with up to ten years of imprisonment and a fine.
- Example 2: A woman is abducted by someone who intends to force her into a situation where she has to engage in illicit activities. The abductor knows that she will likely be forced into such activities and continues with his plan. Under BNS Section 87, this individual can face up to ten years in jail and a fine.
BNS 87 Punishment
- Imprisonment: The punishment for violating BNS Section 87 can be up to ten years in prison.
- Fine: In addition to imprisonment, the offender may also be required to pay a fine.
BNS 87 bailable or not ?
BNS Section 87 is a non-bailable offense, meaning the accused cannot automatically be released on bail and must stay in custody unless the court decides otherwise.
Bharatiya Nyaya Sanhita Section 87
| Section | Offense | Punishment | Cognizable or Non-Cognizable | Bailable or Non-Bailable | By What Court Triable |
|---|---|---|---|---|---|
| 87 | Kidnapping, abducting, or inducing a woman to compel her marriage or for illicit intercourse | Imprisonment up to 10 years and fine | Cognizable | Non-Bailable | Court of Sessions |
The Bharatiya Nyaya Sanhita (BNS) Section 87 replaces the old Indian Penal Code (IPC) Section 366.
BNS Section 87 FAQs
What does BNS Section 87 cover?
It covers kidnapping, abducting, or coercing a woman into marriage or illicit intercourse.
What is the punishment under BNS Section 87?
The punishment can be up to ten years of imprisonment along with a fine.
Is BNS Section 87 bailable?
No, it is a non-bailable offense.
Which court handles cases under BNS Section 87?
Cases are tried in the Court of Sessions.
What is the intent behind BNS Section 87?
The intent is to protect women from being forced into marriage or illicit intercourse through coercion, kidnapping, or abduction.
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