A kidnaps a girl with her consent who is under 18 years of age. When prosecuted, A puts up the plea that he honestly believed the girl to be above the age of 18 years.
A is guilty of the offence of ‘Kidnapping from lawful guardianship’ under Sec. 361.
According to Sec. 361:
If a person takes or entices away any minor male under 16 years of age or a minor female under 18 years of age or a person of unsound mind out of the lawful custody of a guardian without the consent of such guardian, then he commits the offence of kidnapping from lawful guardianship.
According to essentials of kidnapping:
- A has taken away the girl who is under 18 years of age.
- He has taken her without her parent’s or guardian’s consent.
- The consent of the girl is wholly immaterial.
- His plea that he honestly believed the girl to be above 18 years of age is no defence for this offence.
- Hence A is guilty of the offence of kidnapping from lawful guardianship under Sec. 361.