Correct option is C
Under
Section 361 of IPC, the kidnapping of a minor (under 16 years of age for females) from the lawful guardian's custody is a criminal offense. In this case, regardless of the girl's consent or misrepresentation of age,
'A' has committed the offense of kidnapping, as the law does not consider a minor’s consent valid for such matters. The act of taking the minor away from lawful guardianship constitutes kidnapping.
Information Booster:
1. Kidnapping under Section 361 is a strict liability offense, focusing on the minor’s age and not their consent.
2. Consent from a minor (under 18 years for males and 16 years for females) is not legally valid for kidnapping cases.
3. The intent to remove a minor from lawful custody is enough to constitute the offense.
4. Section 363 IPC prescribes punishment for kidnapping, which can be imprisonment for up to 7 years and a fine.
5. Kidnapping is different from abduction, which requires force or deceit.
6. Even if the girl willingly went with 'A', it still constitutes kidnapping due to her age.
Additional Information:
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Kidnapping of a minor: As per Section 361 IPC, taking or enticing a minor (under 16 for females) from lawful guardianship.
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Consent: A minor’s consent is invalid in cases of kidnapping or abduction.
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Wrongful confinement: This could be an additional charge if 'A' restricted the girl's freedom to move.
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Abduction: Involves force, threat, or deceit to take a person away.