The term "child stealing" which is a compound of the terms "kid" and "napping" refers to kidnapping. Kidnapping that occurs against legitimate guardians is illegal. It refers to the use of coercion, threats, or deception to hold someone against their will. The Indian Penal Code, 1860, has provisions for the abduction offense under Sections 359-363.
Kidnapping typically serves a variety of purposes, including extortion, begging, illegal sexual activity, marriage prostitution, retaliation, enslavement, murder, and other reasons. Kidnapping falls within the strict liability umbrella. The accused's intention is not a necessary component of kidnapping.
What is an Anticipatory Bail?
- According to the law, a suspect may request bail prior to being taken into custody. Anticipatory bail is authorized in India under Section 438 of the Code of Criminal Procedure (1973). It can only be issued by the Sessions Court and the High Court.
- Anticipatory bail is an alternative provision that the court may grant in accordance with the facts of the case, the criminal history of the accused, the gravity of the offense, and other relevant factors. The court may impose further requirements on someone who is granted bail, such as returning the passport, remaining in the country, or regularly reporting to the police station.
Why in the News?
Facts of the Case:
- In a recent case, the Fatehgarh Sahib Police first opened an investigation into the matter after receiving a report that claimed that a 17- year young girl had been kidnapped and forced into marriage.
- But when the 17- year young girl testified before the court, she said that she had accompanied the petitioner voluntarily, disproving the allegation of kidnapping.
Issue in the Case:
- If a minor girl eloped voluntarily with the accused, does it amount to kidnapping?
Judgment of the Case:
- Justice Batra clarified that in cases where the prosecutrix voluntarily leaves her father's or guardian's home and goes with the accused, the accused's involvement can be seen as helping the prosecutrix (the 17-year young girl) fulfil her wish.
- This does not especially qualify for kidnapping for the prosecutrix to avoid her legal guardian, nor does it qualify for "taking" in the sense of the matter that Section 361 of the IPC defines it.
- The Court however stated that it is a wrong and an appropriate case for exercising the powers as per Section 438 of the Code of Criminal Procedure and as well as for granting the petitioner the right to anticipatory bail, adding that neither the custodial interrogation of the side of the petitioner nor any of the recovery from him is required or needed.
- Hence, the accused was granted anticipatory bail.
Bail Lawyers: Sharks of Law
- The first stage in the bail application process is to submit an application. The Sharks of Law come in handy at this point. It compiles all relevant data and drafts a compelling bail request that is prepared for court consideration.
- Following the filing of the bail application and the scheduling of the hearing, Sharks of Law goes with you to court. It means that it provides evidence to persuade the magistrate or court to grant you bail.
- Sharks of Law starts negotiating the terms of your release as soon as the judge grants the bail request. It's important to negotiate bail conditions because they could affect your compliance and result in another arrest.
- Sharks of Law handles the possibility that, after filing an application and representing you in court, their bail request would be turned down. This is most probably not the end of the journey, although it occasionally being dismal. Ultimately, the filing of an appeal against any bail application that has been denied or not granted is one of the way to increase your chances of being released on bond as soon as possible with any of the assiduous legal support at every stage of this complex legal procedure.
Sharks of Law is a one-stop legal resource that has the most highly qualified bail lawyers with a wealth of knowledge on criminal law. With this legal practice, you can locate a bail lawyer who meets your demands. When it comes to bail matters, the lawyers at Sharks of Law have the experience needed to provide you with legal advice.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
