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'A' meets a girl aged fifteen years in a park. She tells him that she is sixteen years of age and she is ill-treated at her house by her father and th
Question

'A' meets a girl aged fifteen years in a park. She tells him that she is sixteen years of age and she is ill-treated at her house by her father and that she would be happy to be taken away from there. Thereafter 'A' takes the girl to his house and allows her to remain there. In this case:

A.

'A' has committed no offence as the girl has come with him with her own consent.

B.

'A' has committed no offence as the girl misrepresented her age and 'A' believed her mature and capable of consenting.

C.

'A' has committed the offence of kidnapping a minor from the lawful guardian.

D.

'A' has committed the offence of kidnapping and wrongful confinement.

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:
· Kidnapping of a minor: As per Section 361 IPC, taking or enticing a minor (under 16 for females) from lawful guardianship.
· Consent: A minor’s consent is invalid in cases of kidnapping or abduction.
· Wrongful confinement: This could be an additional charge if 'A' restricted the girl's freedom to move.
· Abduction: Involves force, threat, or deceit to take a person away.

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