Multiple choice

Fact: Two girls of around 17 years of age were alleged to have been kidnapped from lawful guardianship. Both the girls categorically stated that they had gone voluntarily, Rather they had persuaded the accused to take them for an outing. Issue: What offence, if any has been committed?

  1. The accused is guilty of kidnapping because the girls are below 18 years of age.

  2. The accused is guilty of seduction and elopement.

  3. The accused is not guilty of kidnapping the girls.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Kidnapping under Section 361 requires taking or enticing a minor out of lawful guardianship. Here, the girls (around 17 years) voluntarily went with the accused and actually persuaded him to take them. The element of taking or enticing away from lawful guardianship is missing when the minor themselves initiates and persuades the accused. Since they left voluntarily and were not taken away against their will or enticed, this does not constitute kidnapping.

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