Question: A an adult male a college student knows that a girl B who lives in his neighbourhood and is below 16 years of age but her real age is not known to A. She meets him one day and asks him to take her in a taxi for sightseeing in and around the city. They go ultimately… Read More »

Question: A an adult male a college student knows that a girl B who lives in his neighbourhood and is below 16 years of age but her real age is not known to A. She meets him one day and asks him to take her in a taxi for sightseeing in and around the city. They go ultimately by train to Bombay. What offence, if any, has A committed? [U.P.H.J.S. 1995] Find the answer to the mains question only on Legal Bites. [A an adult male a college student knows that a girl B who lives in his...

Question: A an adult male a college student knows that a girl B who lives in his neighbourhood and is below 16 years of age but her real age is not known to A. She meets him one day and asks him to take her in a taxi for sightseeing in and around the city. They go ultimately by train to Bombay. What offence, if any, has A committed? [U.P.H.J.S. 1995]

Find the answer to the mains question only on Legal Bites. [A an adult male a college student knows that a girl B who lives in his neighbourhood and is below 16 years of age but her real age is not known to A…]

Answer

Section 361 provides for Kidnapping from lawful guardianship.—

Whoever takes or entices any minor under sixteen years of age if a male, or under 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.

The essential ingredients of the offence of kidnapping from lawful guardianship are:

  1. taking or enticing away a minor or a person of unsound mind,
  2. such a minor must be under the age of sixteen years, if a male, or under eighteen years, if a female;
  3. the taking or enticing away must be out of the keeping of the lawful guardian of such minor or person of unsound mind, and
  4. such taking or enticing away must be without the consent of such guardian.

All that is required to bring an action within the purview of this section, is to ‘take or entice’ a minor or a person of unsound mind from the keeping of the lawful guardian.

‘Taking’ implies no active or constructive force. The word means ‘to go, to escort’. The consent of the minor child is of no relevance. Consent given by a minor or a person of unsound mind is not consent. But there must be some active part played by the accused of ‘taking’ the minor.

In the present case, the act of A, an adult male, a college student knows that a girl B who lives in his neighbourhood knowing that her age is below 16 years took her for sightseeing and then to Bombay by train is said to have committed the offence of kidnapping a minor child from lawful guardianship and is punishable for the same under Section 363, IPC.


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