Abduction
Taking a minor - an unmarried person of either sex under the age of 18 - out of the control of his or her parent or guardian against the latter's wishes, with the intention of marrying or having sexual intercourse with the minor, is a crime - even if the minor is taken on behalf of another person.
Abduction
Taking a minor - an unmarried person of either sex under the age of 18 - out of the control of his or her parent or guardian against the latter's wishes, with the intention of marrying or having sexual intercourse with the minor, is a crime - even if the minor is taken on behalf of another person. It is an offence even if, for instance, a girl is living with an aunt, with her parents' consent. The parents are still deemed to have control, and 'taking' her would be abduction.
The abduction need not be by force - it is still a crime if, for example, a man persuades a girl to leave home of her own free will. However, there has to be some active conduct on the man's part. If a girl decides entirely on her own to leave home, and then goes to live with her boyfriend, he cannot be convicted of abducting her as he played no part in her leaving.
It is not abduction if the girl is taken only for sexual intercourse without any intention of keeping her away from home permanently, or for a long period. However, in this instance the offender could be jailed for up to seven years for an offence under the Sexual Offences Act, 1957.
Both males and females can be charged with abduction, which can be either of a boy or a girl. In other words, both men and women can be charged with abducting either boys or girls.
If, however, the alleged abductor did not know - or did not foresee - that a minor was or might be under parental control, he or she cannot be convicted of abduction. Moreover, the alleged abductor cannot be found guilty if the minor was taken away for a reason other than marriage or intercourse - for example, in order to protect a girl from a father who was maltreating her or was forcing her to join some religious sect.
The penalty for abduction may be either a fine or imprisonment, depending on the circumstances of the case. A lighter sentence may be imposed if the minor consented to or urged the abduction, or had almost reached the age of majority (18), or was badly treated at home, or was not a virgin, or, if the abductor did not have sexual intercourse with him or her, or possibly, if the abductor married the minor.
SOURCE: 'YOU AND YOUR RIGHTS'
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