Question

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 1, 1995 got admitted to an undergraduate program of a reputed University on July 1, 2012. She became friendly with one of the boys, born on June 1, 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 station on January 20, 2013. (Answer the question after reading the following paragraph.)

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 1, 1995 got admitted to an undergraduate program of a reputed University on July 1, 2012. She became friendly with one of the boys, born on June 1, 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 station on January 20, 2013. (Answer the question after reading the following paragraph.)

This 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. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the “most reasonable conclusion” arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Option A: The boy has committed the offence of kidnapping.
Option B: The boy has not committed the offence of kidnapping.
Option C: The boy has not committed the offence of kidnapping for there is a delay in filing the FIR.
Option D: The boy has not committed the offence of kidnapping because the girl was his classmate.

Correct Answer

Option: c

Explanation

According to Section 361 of IPC kidnapping of a minor child from lawful guardianship is an offence.

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