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, or inducing a woman with the intent to compel her to marry against her will or to force or seduce her into illicit intercourse. This provision aims to protect women's autonomy and safeguard them from coercion and exploitation.
📜 Text of Section 87
Section 87. 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
⚖️ Key Points
Offences Covered: The section criminalizes:
Kidnapping or abducting a woman with the intent to compel her to marry against her will.
Kidnapping or abducting a woman to force or seduce her into illicit intercourse.
Inducing a woman to go from any place with the intent or knowledge that she will be forced or seduced into illicit intercourse with another person.
Punishment: The offences are punishable with:
Imprisonment of either description for a term which may extend to ten years.
Liability to fine.
Methods of Compulsion: The section includes acts committed by means of:
Criminal intimidation.
Abuse of authority.
Any other method of compulsion.
🔄 Comparison with IPC
Section 87 of the BNS, 2023, aligns with Section 366 of the Indian Penal Code (IPC), which deals with kidnapping, abducting, or inducing a woman to compel her marriage or to force or seduce her to illicit intercourse. Both provisions prescribe similar punishments; however, the BNS provides a more detailed framework and modernized language, reflecting India's evolving approach to women's rights and protection. \
🧠 Practical Implications
This provision is particularly relevant in the context of forced marriages, human trafficking, and sexual exploitation. It serves as a deterrent against such crimes and provides legal recourse for victims. By criminalizing these acts, Section 87 upholds the principles of consent and autonomy, ensuring that women are protected from coercion and exploitation.
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