Multiple choice

Fact: X, a boy of 15 years asks a girls of 16 years to run away with him for getting married. On this suggestions the girl runs away with X, from Delhi to Madras. Can x be convicted for kidnapping? Discuss. Issue: What offence, if any, has been committed?

  1. X is not guilty as he is minor.

  2. The minor ship of the X does not lead to any conclusion.

  3. X will be guilty (though the court may take into consideration his juvenile age and award a lesser punishment) The word ”Whoever” in Section 361 suggests that a “minor” can kidnap another “minor”.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 361 IPC uses the word "Whoever" - this means any person, including a minor, can commit kidnapping. The fact that X is 15 years old (a minor) does not preclude him from being guilty of kidnapping a 16-year-old girl. The elements are satisfied: X enticed the girl to run away from Delhi to Madras, taking her out of lawful guardianship. While the court may consider his juvenile status for sentencing (juvenile justice provisions), this does not affect the finding of guilt. A minor can indeed kidnap another minor.

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