What is Section 366 IPC? Kidnapping, abducting or inducing woman to compel marriage
Published on: Lawiz Team
Learn about Section 366 IPC: Kidnapping, abducting or inducing woman to compel marriage
Official Legal Text
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, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 366 punishes anyone who kidnaps or abducts a woman with the intention of forcing her into marriage or forcing her to have illicit intercourse.
Purpose
To protect women from being forcibly married or compelled into sexual acts against their will.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The victim must be a woman. 2. She must be kidnapped, abducted, or induced. 3. The intent must be to compel her into marriage or illicit intercourse.
Punishment Details
Imprisonment of up to ten years, and a fine.
Illustrative Example
If a person kidnaps a woman and forces her to marry them without her consent, it is an offence under Section 366.
Legal Defenses
If the woman is an adult and goes willingly without any coercion, it is not an offence.
Related Sections
Related to Section 365 (Kidnapping to confine) and Section 366A (Procuration of minor girl).
FAQs
What does Section 366 IPC define?
Section 366 IPC deals with kidnapping or abducting any woman to compel her marriage or for illicit intercourse.
What is the punishment under Section 366 IPC?
Imprisonment up to 10 years and fine.
Is it cognizable?
Yes, cognizable and non-bailable.
Example situation?
Kidnapping a woman and forcing her into marriage.
How to file complaint?
Lodge FIR at nearest police station.
Which court has jurisdiction?
Sessions Court.
Possible defences?
Consent obtained freely without coercion may be a defence.