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Consensual love affair not a defense against criminal charge of kidnapping minor girl

What happened ? The case before the Supreme Court that prosecutrix and accused were in love and prosecutrix eloped from her parents home and joined the accused of her own free will.

Issue involved | The question before the Supreme Court was- Whether a consensual affair can be a defence against the charge of kidnapping a minor.

The verdict | The Supreme Court has recently held that a consensual love affair is not a defense against the criminal charge of kidnapping a minor girl under 18 years of age.

The court held that Section 361 of the IPC (kidnapping from lawful guardianship) bestows the ability to make crucial decisions regarding a minor’s physical safety upon his/her guardians. Therefore, a minor girl’s infatuation with her alleged kidnapper cannot by itself be allowed as a defense, for the same would amount to surreptitiously undermining the protective essence of the offense of kidnapping.

Final point | The court said, “winning over the affection of a minor girl” would be considered as inducement in a charge of kidnapping.

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