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 Code 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.
IPC Section 366: Simplified Explanation
IPC Section 366 of the Indian Penal Code deals with the offence of “kidnapping, abducting, or inducing a woman to compel her marriage, etc.” This section applies when an individual kidnaps, abducts, or otherwise induces a woman to compel her into marriage or illicit intercourse or forces or seduces her to illicit intercourse. This law is intended to protect women from being coerced or misled into non-consensual relationships or marriages.
Key elements of this section include:
- Kidnapping, Abduction, or Inducement: The person must kidnap, abduct, or induce a woman to move from one place to another.
- Intent: The act must be carried out with the intent to compel the woman into marriage or to force or seduce her into illicit intercourse.
- Non-consent: The woman’s movement and the intended action must be against her will or without her lawful consent.
Is IPC Section 366 Bailable?
IPC Section 366 is a non-bailable offence. Given the serious nature of the offence, which involves the potential for significant harm and the violation of personal autonomy, the accused must appear before a court to seek bail.
IPC Section 366 Punishment
The Punishment under IPC Section 366 for kidnapping, abducting, or inducing a woman to compel her marriage or illicit intercourse includes:
- Imprisonment: Rigorous imprisonment for a term that may extend to ten years.
- Fine: The individual is also liable to a fine.
The severe Punishment reflects the gravity of the offence and the importance of safeguarding the rights and freedoms of women.
Example of IPC Section 366
A real-life example of IPC Section 366 involved a young woman being deceived by a man who pretended to be in love with her. He induced her to leave her home under the pretence of eloping together. However, his actual intent was to force her into marriage and exploit her. The woman managed to contact her family and the police, leading to the man’s arrest. He was charged under IPC Section 366, and the court found him guilty, sentencing him to rigorous imprisonment and imposing a fine. This case highlighted the protections against coercive actions intended to manipulate women into marriage or non-consensual relationships.
In another instance, a woman was abducted by a group of men who planned to sell her into a forced marriage. The authorities intervened, rescued the woman, and apprehended the culprits. The abductors were charged under IPC Section 366 for their attempt to compel the woman into marriage against her will. The court’s decision underscored the legal measures in place to prevent and penalise such acts that threaten the freedom and dignity of women.
