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Kishwer Kaur
in Criminal Law
Asked October 05, 2017

Minor ran away to get married

  • 1 Answer
  • 186 Views

A minor couple has ran away for getting married and the cops caught them so what will be the next step?

Answer 1

Law under IPC protects minor girls and boy under the offence of kidnapping. There is an age difference for consideration of minor girl or boy. If the girl is nearing her majority by few months then there are precedents which doesn't hold the boy guilty for kidnapping if the girl displays sense of maturity. (S. Varadarajan vs State Of Madras )

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.

The law of infancy under IPC may apply if the boy is below 12 years of age.

Agree Comment 0 Agrees about 3 years ago

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