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

Amit Kapoor05 mins

IPC Section – 366

Cognizable offence
punishable with imprisonment for ten years and fine.

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. Of the causing of miscarriage, etc.

Key Points of BNS-87

BNS-87 addresses the serious crimes of kidnapping and abduction of women, with specific intent related to forced marriage or illicit intercourse. It outlines penalties for those who commit these acts, as well as those who use coercion to induce such acts.

Kidnapping or Abduction:

  • Intent: The crime involves abducting or kidnapping a woman with the intention to:
    • Force Marriage: Compel her to marry someone against her will.
    • Illicit Intercourse: Force or seduce her into illicit sexual relations.

Penalties:

  • Imprisonment: Offenders can face up to ten years of imprisonment.
  • Fine: Offenders are also subject to a monetary fine.

Coercion and Intimidation:

  • Criminal Intimidation: If a person uses threats or intimidation to compel a woman to move from her place, knowing she will be forced into illicit intercourse, this is also punishable under the same provisions.
  • Abuse of Authority: This includes using power or influence to induce a woman into such situations.

Scope of Punishment:

  • Broad Application: The law applies to both direct acts of kidnapping and indirect methods of coercion.
  • Criminal Intimidation: Any threats or coercive behavior used to compel a woman to engage in illicit activities are punishable.

Definitions:

  • Kidnapping/Abduction: Forcibly taking someone away or taking them without their consent.
  • Compelled Marriage: Forcing someone to marry against their will.
  • Illicit Intercourse: Sexual activity that is considered unlawful or immoral.
  • Criminal Intimidation: Using threats or force to induce someone to act against their will.
  • Abuse of Authority: Misusing one’s position of power to coerce someone into illegal or immoral activities.

Summary of BNS-87:

BNS-87 ensures severe penalties for actions that severely infringe upon personal autonomy and safety, specifically targeting coercive and abusive conduct in the context of forced marriages and illicit sexual activities.

  • Offense: Kidnapping, abducting, or inducing a woman to compel her marriage, etc.
  • Punishment: Imprisonment for up to 10 years and a fine.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Court of Session.

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