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Kidnapping

(Querist) 09 July 2009 This query is : Resolved 
If a parent forcibly takes away the custody of a child from the other parent, does this act amounts to kidnapping?

This is a broader issue, has to be seen from various angles....if possible some relevant judgments may kindly be provided.
Swami Sadashiva Brahmendra Sar (Expert) 10 July 2009
Dear sir,I think your query relates to interpretation of the term ‘lawful guardian’.

So long as there is no divestment of right of guardian ship, father or mother can not be guilty of offence under s 361, IPC (see, Vipin Memon v. State of Kerla, 1992 CrLJ 3737 )

But, where a person is given custody of minor under a decree or order of the court, he is lawful guardian . therefore, when a parent is given custody by order of the court, the other parent can be held guilty of kidnapping under s 361. (see, State v. Ramji, AIR1958 Bom 381 )


PALNITKAR V.V. (Expert) 11 July 2009
Mr. Tripathi has given a very elaborate reply. There are few more rulings. Ashok Kumar Vs. State of Orissa 2003 Cri. L.J.642 and Manguli Muduli Vs. State of Orissa 2000 Cri.L.J 4176,Bapu Ladkat Vs State of Maha 2007(4) AIR BOM.333
RAKHI BUDHIRAJA ADVOCATE (Expert) 13 July 2009
Thanx Mr. Tripathi & thnax Mr. Palnitker for so helpfull judgements.


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