Section 139

Section 139 is the specific provision targeting the abduction of women for the purpose of forced marriage or sexual exploitation — a provision that intersects with debates about 'love jihad' legislation in several Indian states, honour-based violence, and trafficking. The section has two limbs: (1) abduction to compel marriage against the woman's will, and (2) abduction for purposes of forced or seduced illicit intercourse. Both limbs focus on coercion — the section does not criminalise consensual relationships or voluntary elopements, even if families object. The challenge in prosecution is establishing the element of compulsion or knowledge of likely compulsion. Courts have consistently held that this provision cannot be weaponised against couples who have chosen their relationship freely. The 'seduction' element in the second limb is archaic in language but covers the scenario where the woman is manipulated rather than physically forced into intercourse — including through false promises of marriage. This limb intersects with Section 69 (sexual intercourse by deceitful means, formerly the 'promise to marry' provision). In recent years, the provision has been the subject of significant political controversy, with several BJP-governed states enacting 'anti-love jihad' laws targeting inter-religious relationships — a use that the Supreme Court has increasingly scrutinised for its compatibility with constitutional rights of adults to choose their own partners.