SEC 361 IPC

Anversinh Vs. State of Gujarat [CRA NO. 1919 of 2010]

Perusal of Section 361 of IPC shows that it is necessary that there be an act of enticing or taking, in addition to establishing the child’s minority (being sixteen for boys and eighteen for girls) and care/keep of a lawful guardian.
Thus, a consensual affair can’t be a defence against the charge of kidnapping a minor.