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Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.
Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.
Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?
  • a)
    It amounts to kidnapping.
  • b)
    It amounts to abduction.
  • c)
    It does not amount to abduction as Rahul gave his consent when he saw it was his friend.
  • d)
    It does not amount to abduction as it was a friendly prank.
Correct answer is option 'B'. Can you explain this answer?
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Kidnapping- In the case of State of Haryana v Raja Ram, the accused i...
Consent should be given prior and not while he is being abducted.
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Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for femal e) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Ashima is a 17 yr old girl. Akhil promised her that he would marry her and told her to run from her house. Ashima escaped from her house and reached the bus stop where she was going to meet Akhil. Akhil got scared and dropped her back home. Will it amount to kidnapping?

Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for femal e) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Ashima is a 17 yr old girl. She leaves her house to meet Akhil. When she meets Akhil she tells him that she wants to marry him and she has left her house and come to him. Akhil listens to this and gets scared. Akhil drops her back home. Will it amount to kidnapping?

Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for femal e) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Mrinish’s age was 17 yrs. One day while coming back from school Mrinish was pushed into a black van and taken to a spot away from the city without consent. Will this amount to kidnapping or abduction?

Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for femal e) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Who all will be considered as a lawful guardian of a minor?

Directions: Read the following passage and answer the question.The word "kidnapping" has been derived from the word 'kid' meaning child and 'napping' to steal. Thus, the word literally means "child stealing". Kidnapping under the code is not confined to child stealing. It has been given wider connotation as meaning carrying away of a human being against his/her consent, or the consent of some person legally authorised to accord consent on behalf of such person.Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship. Section 360 of the Indian Penal Code deals with kidnapping from India. Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India.Section 361 of the Indian Penal Code deals with kidnapping from lawful guardianship. Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age of a female, out of the keeping of the lawful guardian of such minor, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.Abduction in common language means carrying away of a person by fraud or force. Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.In view of the definition, the word 'force' connotes actual force and not merely show or threat of force. Whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.Q. Mira is married to Ravi and they have a five year old daughter, Kira. Kira is believed to be an illegitimate child of Mira and Rakesh. Mira doesn't let Rakesh to meet his daughter in fear that Ravi would come to know about Kira's real father. One day while Kira's way back to home from school, Rakesh enticed Kira in good faith to a restaurant for lunch. After that, he took her for a movie. On the other hand, Ravi finding Kira missing after school filed a missing complaint. Police found Kira with Rakesh. Decide.

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Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer?
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Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Kidnapping- In the case of State of Haryana v Raja Ram, the accused induced the prosecutrix who was 14 years of age away from her lawful guardianship. The Supreme Court held that the persuasion by the accused created a will on the part of minor which kept her away from her lawful guardianship for any amount of time and therefore it amounted to ‘kidnapping’. Section 361 of the Code provides that when a person entices a minor (16 years for male and 18 years for female) or a person of unsound mind, person so enticing will be held liable for kidnapping such minor or person from lawful guardianship. Lawful guardianship shall include any person who has been authorized by law to take care and has of the person who has yet not attained the age of majority. As the person being kidnapped is a minor the consent of the minor does not have any relevance in the given case. This crime requires the actus reus.Abduction - In the case of Bahadur Ali v King Emperor, the accused misrepresented himself as a police constable and kept a girl in his house for a ransom of Rs 600. The court held that his act amounted to abduction. Any person either by force has compelled or induced any other person to go from any place, shall be booked with abduction. The means used in case of abduction may be force, compulsion or deceitful means. Consent by the person being abducted condones the accused from the offence so charged against him/her.The consent should be given prior to the procedure of the abduction and not while he/she is being abducted. The offence requires the mens rea and the actus reus.Q. Rahul, 42 years old, was walking back home from his bus stop. On the way a van stopped near him and someone pushed him into that van. He saw his friend sitting in the van and realised that it was a prank so he did not shout and sat there comfortably. Later the van dropped him home. Does it amount to abduction or kidnapping?a)It amounts to kidnapping.b)It amounts to abduction.c)It does not amount to abduction as Rahul gave his consent when he saw it was his friend.d)It does not amount to abduction as it was a friendly prank.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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