Facts of the Case
- X is 21 years old, a major male under Indian law.
- B is 17 years old, legally a minor (female below 18 years).
- X and B left their village together voluntarily.
- They solemnized marriage despite B being underage.
- There is no indication of force, deceit, or coercion used by X.
- The question is whether X’s actions amount to any criminal offence under IPC or special statutes.
Issues in the Case
- Whether taking away a 17-year-old girl amounts to kidnapping from lawful guardianship under Section 361 IPC?
- Whether the girl’s consent is legally valid since she is a minor?
- Whether X is liable for child marriage under the Prohibition of Child Marriage Act, 2006?
- Whether the marriage is legally valid, voidable, or void?
- Whether X can be punished even though the girl accompanied him willingly?
Legal Principles Covered
A. Section 361 IPC – Kidnapping from Lawful Guardianship
- A person is said to kidnap a minor girl if he takes or entices her away from lawful guardianship without the consent of the guardian.
- A minor girl’s consent is not legally valid.
Application:
Since B is 17 years old, taking her away from her guardian—even with her consent—amounts to kidnapping.
Punishment:
Section 363 IPC – up to 7 years imprisonment + fine.
B. Section 366 IPC – Kidnapping or Abducting a Woman to Compel Marriage
- If a woman (including a minor) is taken for the purpose of marriage, it constitutes an offence.
- Since X took B and married her, this provision becomes applicable.
Punishment:
Up to 10 years imprisonment + fine.
C. Prohibition of Child Marriage Act, 2006 (PCMA)
Section 2(a): Definition of Minor
Girl below 18 years = minor.
Section 9 – Punishment for a Male Adult Marrying a Minor Girl
- Any man above 18 marrying a girl below 18 commits an offence.
Punishment:
Up to 2 years imprisonment, or
Fine up to ₹1,00,000, or both.
Section 3 – Child Marriage is Voidable
A marriage involving a minor girl is voidable at her option once she attains majority (18 years).
D. Consent of Minor
Under IPC, consent of a minor does not protect the accused from liability.
E. Supporting Case Law
S. Varadarajan v. State of Madras (1965)
- If the minor voluntarily leaves with a man, but the man facilitated her departure, it still amounts to kidnapping.
Recent judgments under PCMA
- Courts have held that marrying a minor girl is an offence even if the girl consents.
Possible Judgement
A. Kidnapping (Section 363 IPC)
X is guilty of kidnapping because:
- B is a minor (17 years).
- She was taken without lawful guardian’s consent.
B. Kidnapping for Marriage (Section 366 IPC)
Since the purpose of taking her away was marriage, X is also liable under Section 366 IPC.
C. Offence under PCMA (Section 9)
X, being 21 years old, is criminally liable for marrying a minor girl.
D. Validity of Marriage
- The marriage is not void, but voidable at B’s option when she turns 18.
- If she wants, she can annul the marriage legally.
Final Conclusion
X has committed the following offences:
- Kidnapping from lawful guardianship under Section 363 IPC.
- Kidnapping/abducting a minor girl for marriage under Section 366 IPC.
- Child marriage offence under Section 9 of the Prohibition of Child Marriage Act, 2006.
Therefore, X is criminally liable even if the girl voluntarily accompanied him.
About lawgnan
When a major male takes away and marries a minor girl without the consent of her lawful guardian, he faces serious criminal charges under IPC and the Prohibition of Child Marriage Act. Lawgana.in provides clear guidance on legal consequences under Sections 363 and 366 IPC, as well as Section 9 of PCMA, ensuring students, legal aspirants, and professionals understand the gravity of such actions. Stay updated with the latest case laws, judicial interpretations, and detailed explanations on kidnapping, child marriage, and related offences. Visit Lawgana.in now to strengthen your legal knowledge and explore more case-based legal insights.
