![[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court](/static/images/error.jpg)
[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
Live LawThe Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father. In upholding the conviction, but releasing the accused due to time already served, a single bench of Justice Ananya Bandopadhyay held: The consent of the victim is immaterial and the subsisting family bond cannot be an excuse for an escape of the victim from the parental custody at the pretext or behest of pleasant and affable relationship or to justify an act of removing a minor from the custody of her legal guardian and further does not absolve the appellant from being indicted of the offence under Section 363 of the Indian Penal Code. The appellant was convicted under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 4 years and also to pay a fine of Rs.2000/- in default to suffer rigorous imprisonment for further a period of 4 months for the commission of an offence under Section 363 of the Indian Penal Code.
History of this topic

Bombay HC grants bail to man arrested for rape of minor girl, says ‘she had stayed with the applicant for four days…’
Live Mint
Bombay High Court grants bail to man booked for raping minor girl
Op India
Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy
New Indian Express
Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha
The Hindu
Bombay High Court acquits a father convicted of raping his daughter by trial court
Op India
No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC
Live Law![[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court](/static/images/error.jpg)
[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court
Live Law![[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court](/static/images/error.jpg)
[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
Live Law
Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court
Live Law
Court Convicts Man for Kidnapping and Forcing Minors to Beg
Deccan Chronicle
"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
Live Law
Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
Live Law
Delhi court sentences man to 12-year jail in minor’s sexual assault case
The Hindu
Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
Live Law
True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR
News 18
Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
Live Law
Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
Live Law
Calcutta High Court says every ‘female adolescent should control sexual urge’
The Hindu
“At This Age, They Can’t Be Sent To Civil Court”: Calcutta High Court Aids Parents Allegedly Ousted From Home By Son & Daughter-In-Law
Live Law
Bombay High Court grants custody of child to father arrested for 'rape' of mother
India Today
Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
Live Law
Mother who surrendered child tells High Court not to give custody to 'rapist' father
India Today
Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members
Live Law
Bombay High Court grants bail to 19-year-old accused in rape case
India Today
Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual
Live Law
Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused
Live Law
'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused
India Today
'Kidnapped' From War-torn Ukraine By Father, Delhi High Court Facilitates 3-yr-old's Meeting With Mother At Creche
Live Law
Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court
Live Law
No Adverse Inference Can Be Drawn Against Prosecution For Not Examining A Vulnerable Witness In Control & Custody Of Accused : Calcutta High Court
Live Law
'Consent Was Immaterial': Calcutta High Court Upholds Conviction Of Man For Raping Girl Aged Below 16 Yrs
Live Law
Kidnapping For Ransom - Necessary To Prove Threat To Cause Death Or Harm For Conviction Under Section 364A IPC : Supreme Court
Live Law
Bombay High Court judge quashes another POCSO conviction
The Hindu
Minor Girl's Infatuation with Kidnapper Can't Be Allowed as Defence: Supreme Court
News 18
Father abducts toddler; Court grants guardianship to mother
India TV News![Calcutta HC Sets Aside Rape Conviction; Says Marriage Promise Wasn’t Necessarily False Even If He Didn’t Finally Marry [Read Judgment]](/static/images/error.jpg)
Calcutta HC Sets Aside Rape Conviction; Says Marriage Promise Wasn’t Necessarily False Even If He Didn’t Finally Marry [Read Judgment]
Live Law![Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]](/static/images/error.jpg)
Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
Live Law![Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]](/static/images/error.jpg)
Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
Live Law![Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]](/static/images/error.jpg)
Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]
Live Law![Gujarat HC upholds marriage of minor girl under Muslim Personal Law [Read the Judgment]](/static/images/error.jpg)
Gujarat HC upholds marriage of minor girl under Muslim Personal Law [Read the Judgment]
Live Law
Man rapes two minor daughters: Delhi HC upholds 10-year jail term
Firstpost
Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court
Live Law
HC pulls up police for minor girl's marriage
India TV News
Delhi court acquits youth accused of raping 15-year-old cousin
India TV News
India gang-rape trial begins as father urges hangings
ABCDiscover Related













































