Case against boy for kidnapping
Recenty my aunt's son(cousin) took away a girl with her wish..she totally dipressed with their home's situation (she is facing mental stress with their parents) but her age is 17 years...Her parents booked a case against boy's uncle(mother's brother) and his sons...but they don't have any relation with this issue..they also booked a case against boy's parents and his sister( married)..nw police harrasing them..what can we do.. please let me know
Thank you for writing to us. Here's our response.
I would like to first draw your attention to the definition of "Kidnapping" in the Indian Penal Code, 1860. Section 361 of the Indian Penal Code clearly mentions that any person who takes away or entices a minor under the age of sixteen (for a male) or under the age of eighteen (for a female), or any person of unsound mind out of the lawful guardianwithout the permission of such lawful guardian then it will amount to "kidnapping" under the Indian Penal Code.
As you have mentioned in the query that the girl is a minor so according to the section if your cousin took away the girl by enticing her and without the permission of the lawful guardian (in this case the lawful guardian is the parents). Then it amounts to "Kidnapping".
It is suggested that you should return the minor to her home because as you have mentioned earlier that girl's parents have filed an FIR against your relatives, it could turn into a serious issue if the police makes the "charge sheet" against your relatives. As it would proceed further and your relatives have to go to the Court. This will eventually stop any type of harassment borne by your uncle from the police.
It is suggested that you prepare yourself for the further dealings in the court. Although, the judgment passed on 2014, Bikash Das v The State of Tripura where the petitioner was charged for kidnapping under section 363 of the Indian Penal Code, 1860. The petitioner had taken away the girl who was still a minor during that time. But it was proved in the later half of the judgment that the petitioner had not done anything to have entice the girl to take her somewhere else without her permission. That the girl was the one who insisted the petitioner to come with her. Hence, in this present appeal the petitioner was acquitted of any charges of kidnapping under section 361 and 363 of the Indian Penal Code, 1860.
Therefore, if your cousin have not taken the girl without her consent or have not entice her by his behaviour or acts then the case would be in your favour. I hope you and your relative will understand the gravity of such situations. As once the charges be proved, it will be difficult on your part to have to deal with the society and also, the fact that the charges upon your cousin would bar him from many job opportunities if the charges against him would be proved.
I hope you find this answer hopeful. Thank you.
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