Introduction of 87 BNS
87 BNS deals with one of the most serious crimes against women—kidnapping, abducting, or inducing a woman to compel her marriage or force her into illicit intercourse against her will. This provision directly replaces IPC Section 366 and strengthens women’s legal protection against coercion, manipulation, or force in matters of marriage and relationships. By prescribing harsh punishment of up to 10 years of imprisonment and a fine, Section 87 ensures that women’s dignity, freedom of choice, and safety are fully safeguarded.
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
BNS Section 87 deals with situations where a person kidnaps, abducts, or induces a woman with the intention that she may be compelled to marry against her will or be forced/ seduced into illicit sexual relations. This law is designed to protect women’s dignity, personal freedom, and right to choose their marriage partner. It is the modern equivalent of IPC Section 366.
1. Meaning of Section 87
This section applies when a person:
- Kidnaps or abducts a woman – takes her away unlawfully or by deceit/force.
- Induces a woman – persuades or tricks her for a wrongful purpose.
- With intent –
- To compel her into a marriage against her consent, or
- To force/ seduce her into illicit intercourse.
The core idea is that the woman’s free will is taken away, and she is subjected to coercion or deceit.
2. Purpose of Section 87
The objective of this law is:
- To protect women’s autonomy in choosing their marriage partner.
- To prevent forced marriages where consent is absent.
- To safeguard women against being lured or compelled into immoral sexual relationships.
- To ensure strict punishment for offenders who exploit women’s vulnerability.
3. Essential Ingredients of Section 87
For an act to fall under Section 87, the prosecution must prove:
a. Victim is a Woman – This section only applies where the victim is female.
b. Act of Kidnapping/Abduction/Inducement – The woman must be unlawfully taken away, abducted, or persuaded.
c. Intention of Marriage Against Will – The accused intended, or knew it was likely, that the woman would be compelled to marry without her consent.
d. Illicit Intercourse – Alternatively, the intention was to force or seduce her into illicit sexual relations.
e. Lack of Free Consent – Consent must be absent or obtained by coercion/deceit.
4. Punishment under Section 87
- Imprisonment: Up to 10 years.
- Fine: The offender shall also be liable to pay a fine.
This makes it a serious offence with stringent punishment.
5. Legal Classification of the Offence
- Cognizability: Cognizable – Police can register FIR and arrest without warrant.
- Bailability: Non-bailable – Bail is not a matter of right, it depends on court’s discretion.
- Compoundability: Non-compoundable – Cannot be settled privately between parties.
- Triable By: Court of Session (due to seriousness of offence).
6. Examples of Section 87 in Action
- Example 1: A man kidnaps a woman and forces her to marry him against her will. → Covered under Section 87.
- Example 2: A person abducts a woman and keeps her in confinement with the plan to sexually exploit her. → Punishable under this section.
- Example 3 (Not Punishable): A woman willingly marries someone against her family’s wishes, without inducement, kidnapping, or force. → Section 87 does not apply, as her consent is present.
7. Importance of Section 87
- Safeguards women’s right to marry by choice.
- Protects against forced marriages and human trafficking for marriage.
- Prevents exploitation of women through abduction and deceitful inducement.
- Modernizes IPC Section 366 under BNS, making the provision more structured and relevant.
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 | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 87 | Deals with kidnapping, abducting, or inducing a woman with the intent to compel her marriage against her will or to force her into illicit intercourse. | Imprisonment up to 10 years and fine. | Non-Bailable | Cognizable | Court of Sessions |
| IPC Section 366 (Old) | Punished kidnapping or abducting a woman to compel her marriage or force her into illicit intercourse, even if done by deceit or intimidation. | Imprisonment up to 10 years and fine (same as BNS). | Non-Bailable | Cognizable | 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.
Conclusion
Section 87 of the Bharatiya Nyaya Sanhita is a crucial safeguard that prevents crimes where women are coerced, kidnapped, or manipulated into marriage or sexual exploitation. By making the offence cognizable, non-bailable, and triable in a Sessions Court, the law ensures strict legal action against offenders and closes the door for private settlements in such grave matters. This provision not only modernizes the earlier IPC Section 366 but also reflects India’s stronger legal stance on protecting women from forced marriages and sexual coercion. In short, BNS Section 87 serves as a powerful legal shield for women’s rights, liberty, and dignity.
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Finished with BNS 87 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- Section 88 BNS : Causing miscarriage .
- https://marriagesolution.in/bns_section/section-88-bns/
- BNS 89 : Causing miscarriage without woman’s consent .
- https://marriagesolution.in/bns_section/bns-89/
- BNS 90 : Death caused by act done with intent to cause miscarriage
- https://marriagesolution.in/bns_section/bns-90/
- BNS 91 : Act done with intent to prevent child being born alive or to cause it to die after birth .
- https://marriagesolution.in/bns_section/bns-91/
- BNS Section 92 : Causing death of quick unborn child by act amounting to culpable homicide .
- https://marriagesolution.in/bns_section/bns-section-92/
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