BNS Section 87: Kidnapping or abducting a woman to compel her marriage (2026)
What Section 87 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 366 of the old Indian Penal Code (IPC), the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 87 of the Bharatiya Nyaya Sanhita (BNS) punishes kidnapping or abducting a woman to compel her marriage, or to force or seduce her to illicit intercourse. It replaced Section 366 of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment of up to ten years, and a fine. This explainer sets out what Section 87 covers, its ingredients, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: kidnapping or abducting a woman to compel her marriage is Section 87 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 366 of the IPC.
- Punishment: imprisonment up to ten years, and a fine.
- Classification: triable by the Court of Session; confirm the cognizable and bailable status against the current schedule.
01Why this section matters
Forced marriage and abduction for marriage are real harms, and they often sit at the crossing of kidnapping, coercion, and sexual offences. Section 87 of the BNS targets a person who kidnaps or abducts a woman so that she can be compelled to marry, or forced or seduced to illicit intercourse. It protects a woman free choice in marriage and in her body.
This matters because the wrong is complete when the woman is taken with that intent, even before any marriage. For any such offence on or after 1 July 2024, the charge is read under Section 87 of the BNS, not Section 366 of the IPC.
02What Section 87 covers
Section 87 covers two closely linked situations. First, kidnapping or abducting a woman with intent that she may be compelled to marry against her will, or knowing it likely that she will be so compelled. Second, kidnapping or abducting a woman with intent that she may be forced or seduced to illicit intercourse, or knowing it likely that she will be so forced or seduced.
The section also reaches a person who, by criminal intimidation, abuse of authority, or any other method of compulsion, induces a woman to go from any place with intent that she may be, or knowing it likely that she will be, forced or seduced to illicit intercourse with another person.
Intent is the heart of the section
The accused must act with intent that the woman be compelled to marry or be forced or seduced to illicit intercourse, or with knowledge that this is likely. The marriage or intercourse need not actually happen. A fraudulent marriage ceremony, by contrast, is dealt with under Section 83 of the BNS.
03Key ingredients
To prove an offence under Section 87, these elements must be made out:
- Kidnapping or abduction of a woman (or inducing her to go from a place by intimidation, abuse of authority, or other compulsion).
- A specific intent or knowledge: that she may be compelled to marry against her will, or forced or seduced to illicit intercourse, or that this is likely.
The focus is on the taking and the guilty intent behind it. Whether the marriage or intercourse actually follows does not decide the offence.
04Old to new: IPC 366 to BNS 87
Section 366 of the IPC is now Section 87 of the BNS. The offence and the ten year punishment are carried over, so the change here is mainly the number.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Provision | Section 366 | Section 87 |
| Conduct punished | Kidnapping or abducting a woman to compel marriage or illicit intercourse | Same |
| Imprisonment | Up to ten years | Up to ten years |
| Fine | Yes | Yes |
Because the text is carried over, decisions under Section 366 of the IPC continue to guide how Section 87 is read.
05Punishment and classification
The punishment under Section 87 is imprisonment of either description for a term which may extend to ten years, and a fine.
On classification, the triable court is the Court of Session, which fits the gravity of the offence. The cognizable and bailable status shown under the new code should be confirmed against the current schedule, because the position under the old Code of Criminal Procedure for this offence was cognizable.
Confirm the cognizable status
Historically, kidnapping to compel marriage was a cognizable and non-bailable offence triable by the Court of Session. The classification under the new code should be checked against the current schedule before you file or advise.
06What changed from the old law
For Section 87, the elements and the ten year punishment are carried over from Section 366 of the IPC, so the main change is the section number. Old case law still helps you read the taking and the guilty intent.
A connected deceit offence, where a man creates a false belief of marriage without force, is Section 81 of the BNS. To look up how courts have read abduction to compel marriage, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 87 matter is grave and works its way through investigation, charge and a Sessions trial, frequently with linked charges. Claw helps you see how courts have treated abduction aimed at compelling a marriage, across the old Section 366 and the new Section 87, and lets you follow a live matter by the parties or the advocate. It is built on 30 crore and more judgments, covering the Supreme Court from 1950 and the High Courts from 1990, with cases, orders and hearings tracked across 9,102 courts, benches and forums and searches returned in under 5 seconds.
Customer documents are never used to train the Claw AI models, keeping your files confidential. Register for a free Claw account to study the abduction case law and to watch a current prosecution unfold.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 87, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 366 IPC in the BNS?
Section 366 of the IPC is now Section 87 of the Bharatiya Nyaya Sanhita, 2023. It punishes kidnapping or abducting a woman to compel her marriage, or to force or seduce her to illicit intercourse.
What is the punishment under BNS Section 87?
Imprisonment of either description for a term which may extend to ten years, and a fine.
Does the marriage have to actually happen for Section 87 to apply?
No. The offence is complete when the woman is kidnapped or abducted with the intent that she be compelled to marry or be forced or seduced to illicit intercourse, or with knowledge that this is likely. The marriage need not follow.
Which court tries an offence under Section 87?
It is triable by the Court of Session. Confirm the cognizable and bailable status under the current schedule, as the old IPC position for this offence was cognizable.
Does old case law on Section 366 still apply?
In large part, yes. Because the elements and punishment are carried over, decisions under Section 366 of the IPC continue to guide how Section 87 of the BNS is read.
Can I track a case under Section 87 in Claw?
Yes. Claw keeps a Section 87 prosecution in view by party or advocate name, surfacing its orders and hearings across 9,102 courts, benches and forums in under 5 seconds. It researches and tracks the matter but does not give legal advice.