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Arshi   24 May 2021

A girl ran away with boyfriend

My neighbor's daughter was in love with a boy. She is only 17 years 4 months old. My neighbor found out about the same and they beat the boy and kept the daughter on the strict check and she was only allowed to go to school and come back home directly. The boy is also 17 years old. Now, the girl had ran away with the same boy and she has taken some cash with herself. My neighbor has filed a kidnapping complaint in the Police Station against the boy despite knowing the above circumstances clearly.

I want to ask the respected members that will the boy be punished by the court of law?

What legal remedy can he take in such circumstances?



 7 Replies

Dr J C Vashista (Lawyer)     24 May 2021

TIME PASS, fake and fabricated facts.

Sankaranarayanan (Advocate)     24 May 2021

yes your query seems time pass , refer  Juvenile Justice act 

G.L.N. Prasad (Retired employee.)     24 May 2021

It appears from the majority of the cases, the queries are posted by so-called friends, neighbors, and others, who failed to guide their friends/relatives/neighboursl in the beginning warning of the consequences of their illegal actions.  Surprising thing is that most of those cases were pending in court, and a professional was engaged by the accused !!!!

Arpita Chauhan   24 May 2021

Sir, my humble apologies to all of you if you felt that it's fake but I am not a legal person and I tried to put in simple words with as much as knowledge I had of the situation. Because I know this much that a minor might not be punished that's why I wanted to ask whether he will be punished or not.

1 Like

Adv. Sagar Verma (Lawyer)     24 May 2021

The case/problem is absolutely simple, the boy is juvenile, he will be kept at observation home and will be released as and when the bail is secured and I bet the facts mentioned by you can easily be defended, so 1 hearing would be enough depending on the type of bail i.e anticipatory or regular bail is sorted from the Hon'ble Court.

Thanks and regards,
Sagar Verma
advsagarverma.official@gmail.com

T. Kalaiselvan, Advocate (Advocate)     24 May 2021

any consent given by a girl in order to conclude an elopement would be invalid and the boy involved in such elopement could be charged for the commission of kidnapping, abduction or rape in accordance with the provisions of sections 362, 366 and 375 of the Indian Penal Code.

Pitching for protection of young couples ..from harassment for eloping and marrying against the wishes of the parent or the community, the Centre has told the supreme court that police must not register FIR against the boy for  kidnapping or abduction without ascertaining the view of the girl of the girl if she was 16 years or more.
 

in another judgment, Punishing an adolescent boy who enters into a relationship with a minor girl was never the objective of Pocso Act: Madras HC.

In a balanced, bold and brilliant judgment titled Vijayalakshmi & Anr. v. State & Anr. in Crl.O.P.No.232 of 2021 and Crl.M.P.No.109 of 2021 delivered on January 27, 2021, the Madras High Court minced no words to state unequivocally that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of POCSO Act.” The remarks were made while highlighting the rampant misuse of the POCSO Act by families for prosecuting the partner of their teenage daughters. 

However the police would ot listen to any such pleas  taken by the boy side  while registering the FIR, hence in case of arrest the boy cn get enlarged on bail and challenge the case on merits and evidences.

 

 

I.B. Pandey   08 June 2021

Yes, the above mentioned boy must be punished because he understands the meaning of marriage even he is 17 years old . According to his understanding capacity he is punishable by law. A F.I.R. can be lodged in related police station legally. It will be lawful.
I.B.Pandey, Advocate

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