Section 87: Kidnapping or Abducting Woman to Compel Marriage

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Court of Session
Non-Bailable
Cognizable
Formerly Sec 366 IPC

Legal Commentary & Landmark Judgments: Section 87

Section 87 penalizes kidnapping, abducting, or inducing a woman to compel her marriage or illicit intercourse, prescribing imprisonment of either description for a term which may extend to ten years, and fine.

  • Kidnapping or Abduction: Taking an adult woman by deceit or force, or taking a minor under eighteen years without guardian consent.
  • Coercive Marital Intent: Done with the specific intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will.
  • Illicit Intercourse Coercion: Extends to acts done to force or seduce her to illicit intercourse (formerly Section 366 IPC).
Key Landmark Precedents:
  • Kavita Chandrakant Lakhani v. State of Maharashtra (2018) 6 SCC 664: The Supreme Court affirmed that under Section 366 IPC (Section 87 BNS), the prosecution must prove not only abduction or kidnapping, but also the specific intent to compel marriage or illicit intercourse against the woman's will.
  • S. Varadarajan v. State of Madras (AIR 1965 SC 942): A landmark ruling: where a girl over sixteen years of age leaves her father's house voluntarily and joins her lover, the lover does not commit kidnapping unless he actively solicited her departure.
Courtroom Practice & Strategic Litigation Guidance:

In inter-caste or runaway marriage cases where the girl's parents file an abduction FIR, produce the girl before the Magistrate for her statement under Section 183 BNSS: if she deposes that she left home voluntarily, Section 87 BNS charges collapse instantly.