The Allahabad High Court has held that a case of kidnapping cannot be sustained if a minor leaves the custody of lawful guardians on their own accord without inducement.
Justice Vikram D. Chauhan, while quashing a kidnapping case against one Himanshu Dubey, observed that merely being in contact with a minor does not amount to “enticing her away from lawful guardianship” under Section 361 of the Indian Penal Code (IPC).
The bench noted:
“Where a minor voluntarily and on his or her own accord leaves the lawful guardianship, then in such circumstances the applicability of Section 361 IPC does not arise.”
The court emphasised that the offence of kidnapping requires clear evidence of enticement or inducement by the accused, and casual communication or acquaintance cannot, by itself, be treated as abduction.
An FIR was lodged in December 2020 by the complainant, who alleged that Dubey had enticed away his 16-year-old niece.
However, during investigation, the girl stated before the police and trial court that she had left her home because her family members had beaten her and subjected her to electric shocks. She further claimed her uncle had assaulted her after discovering she was speaking to Dubey on the phone. She said she went to Siwan on her own and stayed there for two days before being taken to the police station.
Importantly, she did not name Dubey as being involved in her leaving home. While her mother spoke about her relationship with him, no direct allegation of elopement was made by the girl herself.
On these grounds, Dubey filed an application seeking quashing of the charge sheet and proceedings against him. The High Court, in its order dated September 10, allowed the plea and quashed the criminal case, holding that the ingredients of kidnapping were not satisfied.
