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Principle: Whoever takes away with him any minor person less than sixteen years of age if a male, or less than eighteen years of age if a female out of the keeping of parents of such minor person without the consent of such parent, is said to kidnap such minor person.
Facts: A female born on January 01, 1995 got admitted to an undergraduate program of a reputed University on July 01, 2012. She became friendly with one of the boys, born on June 01, 1994, of her class. The boy and the girl decided to marry. The parents of the boy agreed but the family of the girl did not agree. On December 15, 2012 the girl made a call from her Blackberry to the boy.
The girl told the boy to come in his car at a particular place and time. The boy reached the stipulated place before the stipulated time. He waited there for about half an hour. The girl reached the stipulated place. She opened the door of the car and sat beside the boy who was on the driving seat. Without exchanging any pleasantries, the boy drove the car to an unknown place.
The father of the girl lodged an FIR in the nearest police station on January 20, 2013.
The boy has committed the offence of kidnapping
The boy has not committed the offence of kidnapping
The boy has not committed the offence of kidnapping for there is a delay in filing the FIR
The boy has not committed the offence of kidnapping because the girl was his classmate
Consent has no part in kidnapping as per the principle. The boy took away the minor girl out of the keeping of her parents. He would be liable for kidnapping.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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