Minor girl eloped twice with the boy
Sir my daughter who is 16 years 3 months of age, a class IX std school student, had eloped with a boy of 20 years age a few days back. They were brought back and counselled to wait for attainment of legal age i.e 18 for the girl and 21 for the boy by the village panchayat. Upon agreeing by both the girl and the boy along with us guardians, they were separated with agreement that they may legally marry as they reach the legal age. But after separation of just one day they eloped again and now I am confused whether to file an FIR against the boy or his guardian in this matter. Please advise.
Legally you can file FIR against boy and/or against his guardians also. They can be prosecuted even if your daughter claims that she has willingly gone with the boy.
Law protects minor girls and boys under the IPC. You can file a case against the boy for the offence of kidnapping. Although the girl has consented but for the offence of kidnapping girl's consent is of no relevance. Since she is 16 years old cases have considered girl of this age to be immature and not capable of understanding what is good and bad for her.
Section 361 in The Indian Penal Code
361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 1[sixteen] years of age if a male, or under 2[eighteen] years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
(Exception) —This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
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