Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the serious offences of kidnapping, abduction, and inducing a woman with the intent to compel her into marriage or illicit sexual intercourse. This provision is a significant component of India's legal framework aimed at protecting women from coercion and exploitation.
๐ Text of Section 87: Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, etc.
Section 87 stipulates:
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.(taxguru.in)
โ๏ธ Legal Context and Implications
Alignment with IPC: Section 87 of the BNS mirrors the provisions of Section 366 of the Indian Penal Code (IPC), 1860, which deals with kidnapping, abducting, or inducing a woman to compel her marriage or illicit intercourse.(constitutionofindia.in)
Punishment: The section prescribes imprisonment for up to ten years and a fine for those found guilty of the offences outlined.(taxguru.in)
Methods of Compulsion: It encompasses various methods of coercion, including criminal intimidation, abuse of authority, or other forms of compulsion.(prashantkanha.com)
๐งพ Illustrative Examples
Example 1: A person kidnaps a woman intending to force her into marriage against her will. This act falls under Section 87, and the perpetrator is liable for imprisonment up to ten years and a fine.(aaptaxlaw.com)
Example 2: An individual uses criminal intimidation to induce a woman to go to a different location with the intent to coerce her into illicit sexual intercourse. This action is punishable under Section 87.(lawfyi.io)
๐ Comparison with Indian Penal Code (IPC)
| Provision | BNS, 2023 | IPC, 1860 |
|---|---|---|
| Definition of Offence | Section 87 | Section 366 |
| Punishment | Up to 10 years imprisonment and fine | Up to 10 years imprisonment and fine |
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