IPC 366 → BNS 87: Kidnapping (Marriage)

Quick Summary: IPC 366 vs BNS 87

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 366 deals with kidnapping (marriage), part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers kidnapping (marriage) as BNS 87 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 366 cover?

IPC 366 dealt with kidnapping (marriage) — kidnapping, abducting or inducing woman to compel her marriage, etc.. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 87: What changed in the new law?

Moved to Chapter on Offences against Women. From 1 July 2024, new complaints relating to kidnapping (marriage) are filed under BNS Section 87, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 87

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For kidnapping (marriage), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 366 carefully to BNS 87.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new kidnapping (marriage) FIR is filed under BNS 87.
• Law students & citizens: Punishment for kidnapping (marriage) rises sharply with the seriousness of the harm and the victim — the IPC 366 to BNS 87 change does not lower it.