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Principle: Whoever Takes Away Anything from the Land of Any Person Without that Person'S Consent is Said to Commit Theft. - Legal Reasoning

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MCQ

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

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 on January 20, 2013.

Options

  • The boy has committed the offense of kidnapping

  • The boy has not committed the offense of kidnapping.

  • The boy has not committed the offense of kidnapping for there is a delay in filing the FIR

  • The boy has not committed the offense of kidnapping because the girl was his classmate

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Solution

The boy has not committed the offense of kidnapping.

Explanation:

The guiding principle as enumerated in section 361 of the Indian Penal Code lays two conditions for an act to called kidnapping.   
Firstly the minor should be less than Sixteen years of age if female and less than 18 yrs if male.  Secondary, Such person is taken away without the consent of his/her parent   
In the case presented before us both, the condition is fulfilled as the girl was only 17 years of age and she was taken away without the consent of her parents thus, it will amount to kidnapping whether it was done with her consent as the consent of her parents was necessary. 

Concept: Criminal Law
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