By Tanvi Mehta.

The Karnataka High Court quashed a First Information Report against a father accused of kidnapping his minor child. This judgment brings needed clarity on the legal interpretation of law on kidnapping in light of parental rights and family law in India.

The case arose when the petitioner-father, attending his child’s second birthday on August 20, 2023, took the child from the mother’s house to his own residence without her prior consent. The father informed his wife that he was taking their son to his house for a birthday celebration with his parents and relatives. The mother subsequently filed an FIR at Khadebazar police station, accusing the father of kidnapping under Section 363 of the Indian Penal Code (IPC).

The Karnataka High Court was presented with two crucial legal questions: (i) Can a father be booked for the offence of kidnapping for taking away his own minor child from the custody of the mother? (ii) Does such an action attract the offence under Section 363 of the IPC?

The court addressed these questions by thoroughly examining the legal definitions and the applicability of Section 363 IPC. The court referred to the Hindu law and as per that the father is considered the natural guardian of a minor child and retains his status as the natural guardian unless a court order dictates otherwise. The court examined the relevance of Section 361 IPC, which outlines kidnapping from lawful guardianship. It clarified that this section does not apply when a father takes his own child, provided there is no court order restricting his guardianship rights.NFor a kidnapping charge under Section 363 IPC to be valid, the person taking the child must not be the lawful guardian. In this case, since no court order had modified the custody arrangement, the father remained the lawful guardian. Consequently, the court deemed the FIR filed against the father under Section 363 IPC for kidnapping as legally unsound and quashed it.

The Karnataka High Court’s ruling emphasises the need for well-defined legal boundaries in child custody disputes. It demonstrates that, in the absence of a court order specifying custody arrangements, a father’s actions cannot be interpreted as kidnapping under Section 363 IPC. This judgment not only clarifies fathers’ legal rights in custody matters but also highlights the importance of carefully applying family law principles when pursuing criminal charges in such cases

[Case Title: Kushagra v. State of Karnataka]

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