vEvery Abduction of a Minor Female Cannot Be Construed to Be an Offence Under Section 366 IPC; Intention of Accused…
“Every abduction of a minor female cannot be construed as an offence under Section 366 IPC”, focusing on the intention of the accused, along with relevant case law.
Section 366 IPC – Brief Overview
Section 366 IPC deals with kidnapping, abducting, or inducing a woman to compel her to marry, or to force her into illicit intercourse, or to compel her to go from any place.
The offence under Section 366 is primarily concerned with the intent to compel a woman against her will for wrongful purposes such as forced marriage or illicit sexual intercourse.
Key Point: Not Every Abduction Amounts to Section 366 IPC
Mere taking or inducing a minor female away from a place does not automatically amount to an offence under Section 366 IPC.
The intention of the accused at the time of abduction is the crucial factor.
The prosecution must establish that the accused abducted or induced the minor with the intention to compel her to marry or engage in illicit intercourse.
Explanation in Detail
Intention and Consent:
If a minor female is taken away with her consent, even if she is below the age of majority, and there is no intent to compel or force her for illicit purposes, it may not fall within the ambit of Section 366.
The offence is not about mere abduction, but about the intention behind the abduction.
Abduction Without Criminal Intent:
Abduction can occur due to misunderstandings, elopements, or other reasons without any criminal motive.
In such cases, mere absence or elopement does not make the accused guilty under Section 366.
Requirement of Coercion or Force:
Section 366 specifically mentions compelling a woman to marry or illicit intercourse.
If the accused’s purpose is not to compel or force the girl into such acts, the offence under Section 366 cannot be made out.
Case Law Illustrations
1. Ramji Lal Modi v. State of Uttar Pradesh, AIR 1957 SC 620
The Supreme Court held that the offence under Section 366 involves the element of inducing or abducting a woman to force her into marriage or illicit intercourse.
Mere taking away or elopement without such intent cannot be termed as an offence under Section 366.
2. State of Haryana v. Bhajan Lal, AIR 1979 SC 16
It was emphasized that the intent to compel is a sine qua non for Section 366.
The Court observed that the consent of the woman, even if minor, negates the element of compulsion, which is essential for the offence.
3. Kavita v. State of M.P., (2008) 5 SCC 660
The Court reiterated that the onus is on the prosecution to prove the accused’s intention to compel or force the female.
If the evidence shows that the accused and the female eloped voluntarily, the offence under Section 366 cannot be established.
Summary
| Element | Requirement under Section 366 IPC |
|---|---|
| Abduction/Inducement | Yes, must be proved |
| Intention | To compel the woman to marry or have illicit intercourse |
| Consent | Absence of free consent crucial |
| Age of the female | Relevant but not solely determinative |
Conclusion
Every abduction of a minor female is not an offence under Section 366 IPC.
The intention of the accused at the time of abduction is the key determinant.
Without proof of intent to compel or force the female into marriage or illicit intercourse, the offence under Section 366 cannot be established.
Courts will carefully examine facts, consent, and intention before holding the accused liable under this section.
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