Section 366 of the IPC targets cases where a woman is kidnapped or abducted for the purpose of forcing her into marriage against her will, or for the purpose of sexual exploitation. The law applies when the abductor has the intent to compel the woman into marriage or knows that the woman will likely be forced or seduced into illicit intercourse. It also criminalizes acts where an individual induces a woman to go with them through coercion, abuse of authority, or criminal intimidation for the purpose of illicit intercourse.
Kidnapping or Abduction of a Woman: The offense involves the kidnapping or abduction of a woman. The abduction can be done through force, fraud, or deception. The key aspect is that the woman is taken without her consent, and this act is done with the intent to subject her to a forced marriage or sexual exploitation.
Intent to Compel or Knowledge of Likelihood: The law specifically targets cases where the abductor has the intent to compel the woman into marriage or has knowledge that she will likely be forced or seduced into illicit intercourse. Even if the abductor did not directly intend for the woman to be exploited, if they knew it was likely to happen, they are still liable under Section 366.
Criminal Intimidation or Abuse of Authority: Section 366 also criminalizes cases where a woman is induced to go with someone by means of criminal intimidation, abuse of authority, or any other form of compulsion. This could include using threats of harm, misusing a position of power, or coercion to make the woman leave her home or place and subject her to marriage or illicit intercourse.
Forced Marriage: A person kidnaps a woman with the intent to make her marry someone against her will. For instance, if someone abducts a woman and forces her to marry a person she does not consent to, this would fall under Section 366.
Sexual Exploitation: A woman is kidnapped or abducted, knowing that she will likely be forced into illicit intercourse (e.g., sexual exploitation, forced prostitution, or sexual slavery). If someone abducts a woman for this purpose, they can be charged under this section.
Criminal Intimidation: A woman is induced to go with an individual using criminal threats (e.g., threatening harm or violence) with the intent of subjecting her to illicit sexual acts. If a person uses force or intimidation to make a woman go with them for the purpose of exploitation, they would be charged under Section 366.
Abuse of Authority: A government official or police officer who uses their position to coerce or intimidate a woman into leaving a place for the purpose of forced marriage or sexual exploitation would also be punishable under this section.
Protecting Women from Forced Marriages: Section 366 is designed to protect women from being compelled into marriages against their will. Forced marriages often violate the basic rights and autonomy of a woman, and this law ensures that individuals who participate in such actions face severe legal consequences.
Preventing Sexual Exploitation and Trafficking: The law also serves as a safeguard against sexual exploitation and human trafficking. It recognizes that abductions for the purpose of sexual abuse or exploitation are severe offenses, and perpetrators should be held accountable.
Protecting Women from Coercion and Intimidation: Section 366 addresses crimes where women are coerced or threatened into sexual exploitation or marriage. By criminalizing intimidation, abuse of authority, and other forms of compulsion, the law ensures that women are not subject to violence or coercion in such circumstances.
Deterring the Crime: By enforcing severe penalties, including long-term imprisonment and fines, Section 366 acts as a deterrent against individuals attempting to kidnap or abduct women for malicious purposes, whether it be for forced marriage or sexual exploitation.
Ensuring Accountability for Coercion and Abuse of Power: The inclusion of criminal intimidation and abuse of authority in the section ensures that people who use threats or exploitation of power to control or coerce women into unlawful situations face punishment.
Safeguarding Women's Rights: Section 366 ensures that women's autonomy and consent are respected. By holding offenders accountable for these serious crimes, the law sends a message that forced marriages and sexual exploitation will not be tolerated.
If an individual is convicted under Section 366, the punishment is as follows:
