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.

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Answer:

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:

 

  1. A has taken away the girl who is under 18 years of age.

 

  1. He has taken her without her parent’s or guardian’s consent.

 

  1. The consent of the girl is wholly immaterial.

 

  1. His plea that he honestly believed the girl to be above 18 years of age is no defence for this offence.

 

  1. Hence A is guilty of the offence of kidnapping from lawful guardianship under Sec. 361.
Last Updated On January 30, 2018
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