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.
Simplified Explanation
Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offense of kidnapping, abducting, or inducing a woman to compel her marriage, or any other illegal act related to coercing her into marriage or exploitation. This section is aimed at preventing forced marriages and any form of abduction or inducement designed to compel a woman into a marriage against her will.
What does Section 87 address?
Section 87 criminalizes the actions of kidnapping, abducting, or inducing a woman with the intent to compel her into marriage or for any other unlawful purposes. This includes any form of coercion, manipulation, or physical force used to take or persuade a woman into a marriage without her free consent.
Elements of the offense under Section 87:
- Kidnapping or Abducting a Woman:
- Kidnapping refers to forcibly taking a woman away from her home or location without her consent or the consent of her guardian.
- Abduction involves taking a woman away by deceit, fraud, or force, where she is prevented from returning to her original location or is detained against her will.
- Inducing a Woman:
- Inducing refers to persuading, luring, or manipulating a woman into a situation where she is coerced into leaving her home or engaging in a marriage. This can involve promises, emotional manipulation, or any other form of persuasion or deceit.
- Compelling Marriage or Exploitation:
- The ultimate objective of kidnapping, abduction, or inducement is to force the woman into a marriage against her will. The term “compel” reflects the unlawful nature of the act, indicating that the woman is not marrying out of her own free will.
- This section also applies if the woman is forced into any exploitative situation, not necessarily a marriage, such as being trafficked or forced into sexual exploitation.
Punishment for the Offense:
- Imprisonment and/or fine: A person convicted under Section 87 for kidnapping, abducting, or inducing a woman with the intent to compel her marriage can face imprisonment for up to 7 years and/or a fine. The severity of the punishment reflects the gravity of the offense, as it involves both the violation of personal freedom and the potential harm to the victim.
Purpose and Protection:
The primary objectives of Section 87 are:
- Protect women from forced marriages: The law seeks to protect women from being coerced, kidnapped, or induced into marriages against their will, which can lead to emotional and physical harm.
- Prevent trafficking and exploitation: This section also aims to prevent human trafficking and sexual exploitation by addressing abduction and inducement for unlawful purposes.
- Uphold autonomy: It reinforces the principle that marriage should be a union based on free will and consent, and that no one should be forced or manipulated into such a union.
Example scenarios under Section 87:
- Scenario 1: A man kidnaps a woman from her home and takes her to a remote location, intending to marry her against her will. This would be considered an offense under Section 87 as the woman is both kidnapped and coerced into marriage.
- Scenario 2: A woman is induced by deceit, where a man promises her a job or a better life, but then forces her into a marriage or sexual exploitation. This inducement is illegal under this section.
- Scenario 3: A woman is abducted and taken across state lines, and the kidnappers attempt to force her into a marriage with a man she does not know or consent to. This is both an abduction and a forced marriage situation under Section 87.
In short, Section 87 addresses and criminalizes the illegal actions of kidnapping, abducting, or inducing a woman with the intent to coerce her into marriage or exploit her in other unlawful ways. The section ensures that women’s rights to freedom, consent, and autonomy are protected by law, and it provides significant legal consequences for those who engage in such offenses.
