Merely Abducting Woman Not An Offence U/S 366 IPC, Intention To Marry Or Force Intercourse Must Be Proved: Chhattisgarh High Court

The Chhattisgarh High Court recently addressed the interpretation of Section 366 of the Indian Penal Code, which pertains to abduction with the intent to compel marriage or sexual intercourse. The court underscored that mere consent or knowledge of the victim’s presence at a location does not equate to abduction. In this case, the accused was alleged to have abducted a woman with the intent to force her into marriage. However, the court highlighted that the prosecution failed to prove that the woman was abducted against her will or that the accused had the requisite criminal intent. Consequently, the court ruled that the evidence presented was insufficient to uphold the charges under Section 366 IPC.