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Arif Iqbal (Advocate)     24 March 2010

Section 366A - Accused, a minor too

Dear Experts,

I have a typical situation, One of my client who is a minor, aged about 16 years - 9 months is accused of commiting offence u/s 366-A IPC. The girl alleged to be enticed, is about 15 years old. Now both of them had fled away on their own will and had also married as per christian customs (boy - a christian and the girl, a hindu). Now can the boy prefer an application u/s 438 Cr.P.C. Or should he surrender before the Court and pray for bail under the Juvenile Protection Act.? Can the parents of the boy claim custody of the minor girl as their daughter-in-law?



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