Section 366 IPC Would Be Attracted Only When There Is A Forceful Compulsion Of Marriage : Supreme Court

The Supreme Court observed that an offence under Section 366 IPC would be attracted only when there is a forceful compulsion of marriage, by kidnapping or by inducing a woman.

In this case, the appellant  was chargesheeted under Sections 363 and 366 IPC for allegedly abducting a minor girl. Later, the appellant along with the abductee filed a petition under Section 482 CrPC before the Rajasthan High Court praying for quashing of the FIR and all proceedings arising therefrom. In the said petition it was stated that they were well known to each other and were into deep love affair, which relationship was not acceptable to the father of the abductee and thus under compelling circumstances, both of them parted from their families in the year 2005 and later got married on 25.12.2006.

However, the High Court dismissed the petition on the ground that that the abductee was a minor at the time when she left her home and that the appellant had evaded the investigation and had been successful in keeping away from the process of law for several years.

Before the Apex Court, both the appellant and abductee reiterated their statements they had made before the High Court and submitted that they are married since December 2006 and have been living happily and have also been blessed with a son in the year 2014 who would now be 8 years old. 

The court observed that no fruitful purpose would be served by relegating the matter for conducting the trial as the same would not be conducive for either of the appellants and it would be a futile exercise. While allowing the appeal and quashing criminal proceedings, the bench comprising Justices S. Abdul Nazeer and Vikram Nath observed:

"Kidnapping would necessarily involve enticing or taking away any minor under eighteen years of age if a female for the offence under Section 363 IPC. In the present case, the abductee had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will. Section 366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. This offence also would not be made out once the appellant no. 2 the abductee has clearly stated that she was in love with the appellant no.1 and that she left her home on account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married appellant no.1 on her own free will without any influence being exercised by appellant no.1."

Case details

Mafat Lal vs State of Rajasthan | 2022 LiveLaw (SC) 362 | CrA 592 OF 2022 | 29 March 2022

Coram: Justices S. Abdul Nazeer and Vikram Nath

Headnote

Indian Penal Code, 1860 ; Section 366 - Section 366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. This offence also would not be made out once the abductee has clearly stated that she was in love with the accused and that she left her home on  account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married the accused on her own free will without any influence being exercised by the accused. 

Summary: Appeal against High Court judgment which refused to quash criminal proceedings against the appellant accused of abducting/kidnapping a girl - Allowed - The abductee had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - No fruitful purpose would be served by relegating the matter for conducting the trial as the same would not be conducive for either of the appellants. It would be a futile exercise.

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