Kidnapping, abducting or inducing woman to compel her marriage, etc
Section 366 of the Indian Penal Code, 1860 deals with kidnapping, abducting or inducing woman to compel her marriage, etc. 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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].
[366A.
Section 366, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 87 Kidnapping, abducting or inducing woman to compel her marriage, etc Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sat Prakash vs State of Haryana
Court's Decision & Legal Precedent
The clear and unequivocal statement by a minor victim in a contemporaneous suicide note that she left her home of her own free will, combined with absence of prosecution evidence of inducement or force, is sufficient to negate the presumption of kidnapping under Section 363 IPC. Furthermore, Section 366-A IPC, which penalizes procuration of a minor girl with intent that she be forced or seduced to illicit intercourse 'with another person', cannot apply to allegations of sexual conduct between the minor and the person accused of procuring her, as the statutory language explicitly requires a third person to be involved.
On this section: Procuration of minor girl for seduction. Court examined whether the girl was persuaded or compelled to marry the appellant. Found that the dying declaration indicated she had voluntarily chosen to be with him, thus negating compulsion or persuasion element required under this section.
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Gabbu vs State of M. P
Court's Decision & Legal Precedent
To constitute an offense under Section 366 IPC, the prosecution must prove beyond reasonable doubt not merely that the woman was abducted, but that she was abducted by inducement through deceitful means or by force with the specific intent that she may be seduced to illicit intercourse or compelled to marry, or knowing it to be likely that such consequences would follow. Mere abduction without proof of the requisite criminal intent regarding seduction or marriage does not constitute an offense under Section 366 IPC. Conviction based on weak or contradictory evidence creating reasonable doubt must be set aside.
On this section: Court analyzed that mere abduction is insufficient; prosecution must prove the accused either induced the woman by deceitful means or compelled her by force with specific intent that she be seduced to illicit intercourse or compelled to marry, or knew it likely such consequence would follow. Court held prosecution failed to establish such intent from the abduction.
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Deepak Gulati vs State of Haryana
Court's Decision & Legal Precedent
For a conviction under Section 376 IPC based on false promise of marriage, the court must find clear and convincing evidence that the accused harboured mala fide intentions and made a false promise of marriage with the sole objective of seducing the victim into sexual acts from the very inception of the relationship. Mere breach of a promise to marry, or failure to fulfil a promise due to unforeseen circumstances or changed intentions during the course of the relationship, does not constitute rape unless the deception was deliberate and predatory from the beginning. The victim's age, maturity, voluntary participation, lack of resistance, and continued hope of marriage are relevant factors in determining whether consent was genuinely given or obtained through deception.
On this section: Offence of kidnapping with intent to compel marriage; initially charged but subsequently converted to rape charge under Section 376
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Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi)
Court's Decision & Legal Precedent
A prosecutrix's testimony in a rape case, if found to be worthy of credence and reliable, requires no corroboration and can sustain a conviction. A woman who is the victim of sexual assault stands at a higher pedestal than an injured witness as she suffers from emotional injury. Her evidence must be appreciated in the background of the entire case with heightened sensitivity. Threats and coercion negate any notion of consent, and a minor cannot legally consent to sexual intercourse regardless of her apparent willingness or voluntary accompaniment. The court must not allow infirmities in investigation to undermine the credibility of victim testimony when the evidence is otherwise reliable.
On this section: Kidnapping or abducting a woman to compel her to marry or to cause her to be defiled - The High Court acquitted the appellants of this charge, which the Supreme Court did not disturb.
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Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi)
Court's Decision & Legal Precedent
The testimony of a prosecutrix in a rape case, if found to be worthy of credence and reliable, does not require corroboration from other witnesses or evidence to secure conviction; the court may convict the accused on the sole testimony of the prosecutrix if satisfied of its truthfulness. A woman in Indian society would not falsely accuse someone of rape knowing the severe social consequences and stigma she would face throughout her life. Therefore, her credible testimony must be evaluated with appropriate sensitivity to the trauma of rape, and the court should have no hesitation in accepting her evidence when it bears marks of reliability. The presence of knife threats, coercion, and the minor age of the victim are material factors negating the effect of the victim's voluntary accompanying of the accused, and do not indicate consent.
On this section: Kidnapping or abduction of a woman with intent to compel her to marriage or for illicit intercourse. Appellants were acquitted of this charge by High Court.
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State of Punjab vs Cbi
Court's Decision & Legal Precedent
The inherent powers of the High Court under Section 482 of the Code of Criminal Procedure to make orders necessary to secure the ends of justice and prevent abuse of process are not limited or affected by the statutory provisions of Section 173 of the Code. Therefore, the High Court can direct investigation or re-investigation by an independent agency such as the CBI even after the police have filed a charge sheet under Section 173(2) and the trial court has framed charges, provided that the High Court is satisfied that such direction is necessary in the extraordinary circumstances to secure the ends of justice, provide credibility and confidence in investigation, and prevent the abuse of judicial process. The distinction between 'further investigation' (permissible under Section 173(8) after charge sheet) and 'fresh/re-investigation' (statutorily forbidden) does not apply to the High Court's exercise of inherent powers under Section 482.
On this section: Sections cited relate to offences alleged against the accused: kidnapping of women for slavery/marriage (366), rape (376), criminal breach of trust (406), cheating (420), criminal intimidation (506), wrongful confinement (344), act of a person who joins in committing an offence (34), escaping from custody (224), criminal intimidation for wrongful restraint (342), voluntarily causing hurt (323), fabrication of false evidence (195), destruction of evidence (201), abuse of legal process (202), forgery (465), forgery for cheating (468), using forged document (471)
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Murugan @ Settu vs State of Tamil Nadu
Court's Decision & Legal Precedent
Documentary evidence of age, specifically birth certificates issued by municipal authorities under the Registration of Birth and Deaths Act, 1969, and corroborating entries in school registers made ante litem motam (before the dispute arose), are reliable and trustworthy evidence of a child's age in criminal proceedings. When such documentary evidence is supported by witness testimony, medical opinion based on radiological tests regarding apparent age cannot override the conclusive documentary proof. The absence of the child's name in the birth certificate does not cast doubt on its authenticity, as it is common knowledge that municipal birth certificates are registered immediately after birth before the child is named. Accordingly, in cases of sexual assault of minors, the court should primarily rely on such documentary evidence to determine the child's age, rather than medical opinions or statements made by the child herself.
On this section: Applied to establish the offence of kidnapping a minor girl with intent to marry or for illicit intercourse. The court found that Murugan kidnapped Shankari from school under false pretense.
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Alamelu vs State Rep. by Inspector of Police
Court's Decision & Legal Precedent
When evidence contains inherent improbabilities, suffers from basic infirmities, and witnesses demonstrate contradictory accounts coupled with unnatural conduct of the alleged victim, courts below must closely scrutinize such evidence before convicting. Mere concurrent findings of courts below, without regard to fundamental improbabilities rendering the evidence unworthy of credence, cannot sustain a conviction. Documentary evidence of age (such as transfer certificates) without examination of the person making the entry has no probative value in criminal prosecutions, and radiological age determination carries a margin of error of two years on either side. The prosecution must prove each element of the charge beyond reasonable doubt, and when the entire narrative contains logical inconsistencies, internal contradictions, and unnatural behavior inconsistent with the alleged crime, acquittal is mandated.
On this section: Abduction of a girl under 18 years with intent to cause her marriage or illicit intercourse; applied to assess whether prosecution proved abduction beyond doubt, concluding it did not due to inherent improbabilities
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Neku Khan vs State of Rajasthan
Court's Decision & Legal Precedent
In cases involving rape and abduction, the defence of marriage requires credible and substantive evidence, including documentation according to the legal procedures prescribed by the applicable law of marriage. Mere testimony of witnesses without corroboration, without production of the person who performed the ceremony, and without obtaining the necessary documentary evidence, cannot override the consistent and credible evidence of the victim and injured witnesses. The presence of accused persons at the scene of crime without clear evidence of their individual participation in the commission of the offence does not justify conviction.
On this section: Abduction of girl with intent to marry or cause to be married - applied to the forcible taking of the victim with intent to marry her to Neku Khan
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Ravish Kumar vs The State of Bihar
Court's Decision & Legal Precedent
When the police investigation absolved the accused of criminal involvement yet the court proceeds with cognizance and registration of the FIR based on the original complaint, the peculiar circumstances may justify granting anticipatory bail even for serious criminal offences, subject to appropriate conditions imposed by the trial court.
On this section: Offence of kidnapping or abducting a woman, used here to describe charges against petitioner
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State of Rajasthan vs Babu Meena
Court's Decision & Legal Precedent
While conviction can be based on the sole testimony of the prosecutrix if it is found to be wholly reliable and worthy of credence without requiring corroboration, such conviction is unsafe when the prosecutrix's testimony is wholly unreliable, is marred by material contradictions that remain unexplained, and is contradicted or unsupported by medical, forensic, and eyewitness evidence. In such circumstances, acquittal based on reasonable doubt is the only proper course.
On this section: Kidnapping or abducting women with intent to compel her to marry or to force or seduce her to illicit intercourse - Applicable to facts suggesting the accused allegedly allured the victim away from her home
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Gul Singh @ Guliya vs State of M. P.
Court's Decision & Legal Precedent
A child witness aged 14-16 years can provide credible and reliable testimony forming the basis for criminal conviction if: (a) the witness demonstrates understanding of questions and ability to give rational answers; (b) the witness is not tutored or coached; (c) the child's demeanor is consistent with that of any competent witness; and (d) while corroboration from other dependable evidence is desirable as a matter of judicial prudence, it is not mandatory for conviction. The reliability of child witness evidence depends on the circumstances of each case and must be assessed individually. In cases of violent crime with multiple eyewitnesses including injured family members, the absence of one accused's name in the original FIR does not vitiate identification if subsequent statements of other witnesses immediately name all accused and their identifications are corroborated by consistent testimony and medical evidence.
On this section: Kidnapping for abduction - Applied for abduction of Parubai with intent to cause her to be taken and compelled into non-consensual acts
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Salamat Ansari v. State of U.P.
Court's Decision & Legal Precedent
Two majors who choose to live together / marry, including after conversion, are protected by Article 21. FIR under IPC 363/366 and POCSO 7/8 quashed where the woman was a major (High School certificate) and living voluntarily with her partner. Courts look at them as two adults, not as Hindu and Muslim. Distinguishes contrary single-judge conversion-for-marriage cases (Noor Jahan / Priyanshi).
On this section: s.366 (kidnapping to compel marriage) fails once majority and free will are established.
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Ashiq Hussain Malla vs State through Sho Ps Karan Nagar
Court's Decision & Legal Precedent
A bail application becomes redundant and liable for dismissal when the petitioner/accused has voluntarily surrendered before the jail superintendent, as the fundamental purpose of bail (securing temporary release from custody) is rendered moot by such surrender.
On this section: Offence of abduction; charge against the petitioner in FIR No. 16/2024
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Vijay @ Kuruvi Vijay vs The State of Tamil Nadu
Court's Decision & Legal Precedent
An accused with extensive criminal antecedents and a history of serious offences cannot seek parity in bail or sentence suspension relief with a co-accused who has a cleaner criminal record. The court's discretion to grant or refuse suspension of sentence must be exercised considering the individual criminal history and antecedents of each accused, and the risk of re-offending if released.
On this section: Abduction with intent to compel marriage - petitioner convicted and sentenced to 10 years RI
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Riya vs State of U.p.
Court's Decision & Legal Precedent
The date of birth as recorded in the High School Certificate, unless and until rebutted by the issuing authority, holds good in the eye of law and constitutes conclusive proof for determining the victim's age in criminal proceedings. When a victim's age is material to the constitution of an offence (such as kidnapping under Section 363 IPC), the documentary evidence of date of birth from official records cannot be set aside merely on the basis of the accused's assertion or the victim's subsequent marriage. The burden lies on the party challenging the recorded date of birth to produce cogent and conclusive proof of rebuttal.
On this section: Kidnapping or abducting woman to compel her marriage - charged in the FIR
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Pursuant to this reporting, FIR No.38 of 2013 was registered on 30.01.2013 with Police Station Chaigaon Makhan, Khandwa for offences under Sections 363, 366 of the Indian Penal Code.1860 ('IPC', for short) against the appellant. (B) The body of the victim was found in an open field on 01.02.2013. (C) The appellant was arrested on 04.02.2013, and after completion of investigation charge-sheet was filed on 13.02.2013 in the concerned court and the case was committed …
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… The High Court of Judicature at Allahabad has opined on this question in the affirmative in the judgment delivered on 14th May, 2015. This judgment is under appeal before us. The Chief Judicial Magistrate (CJM), Bulandshahr, Uttar Pradesh had taken cognizance of offences under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (1860 Code) on 8th August, 2012 on the basis of police report. These are offences triable before a Court of Session. The police report had named two individuals as accused-Yogesh and Rupa (the spelling of the name of the latter has been interchangeably used in different …
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… criminal leave petition under Section 378(4) of the Code of Criminal Procedure, 1973 has been filed by the State seeking leave to Appeal against the impugned Judgment dated 29.07.2020 vide which the respondent has been acquitted for the charges for the offences punishable under Sections 366 IPC, 6 r/w 5(1) POCSO Act and in the alternative under Section 376(2)(i) & (n) of the Indian Penal Code, 1860 (in short, "IPC"). 6. The criminal machinery of the State was set into the motion on 14.04.2017, when a missing complaint was lodged by "B", father of the minor girl "A". Thereafter, the minor girl was …
Questions about Section 366
What have the courts held on Section 366 of the Indian Penal Code?
Sat Prakash vs State of Haryana (09 Dec 2015) is the leading judgment on this section among those set out below: Procuration of minor girl for seduction. Court examined whether the girl was persuaded or compelled to marry the appellant. Found that the dying declaration indicated she had voluntarily chosen to be with him, thus negating compulsion or persuasion element required under this section. Another 15 judgments on this section are set out below, 12 of them from the Supreme Court. They run from 2006 to 2026.
How do I find court cases under Section 366 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 366, section 366 IPC, section 366 of the Indian Penal Code. People searching for it also type ipc 366 in bns and ipc 366a in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Sat Prakash vs State of Haryana (09 Dec 2015).
What should I read with Section 366 of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 87 (Kidnapping, abducting or inducing woman to compel her marriage, etc), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 366 of the Indian Penal Code come into force?
Section 366 of the Indian Penal Code, cited as IPC 366, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.