Response

Consent is one of the most important elements for the determination of the fact whether any action of elopement is against law or not. If there is an absence of the consent of the girl involved in an elopement, such an act would be considered as a criminal offense and the boy involved in such an act would be punished.

But as the client has given a written consent to it, then the boy will not be entitled for any offence. The client needs to show that there was a free consent.
If a minor girl runs away with her lover to save herself from the onslaught of her parents opposed to the affair and gets married, she or her spouse cannot be deemed to have committed any offence.
Parents have no right to marry off their daughter against her wishes, as “right to life and liberty as guaranteed by the Constitution is equally available to minors.

¥ Consent becomes immaterial if the elopement involves a minor girl. In the instances where a girl and a boy run away in order to get married and the girl involved is a minor, the boy would be held liable for the commission of criminal offense regardless of the consent given by the girl but in cases where parents are not harming her.

¥ The law says that a minor is not competent enough for giving consent. Therefore, any consent given by a girl in order to conclude an elopement would be invalid and the boy involved in such elopement could be charged for the commission of kidnapping, abduction or rape in accordance with the provisions of criminal law.

¥ The boy involved in such an elopement would be entitled to punishments for the commission of offenses like rape, kidnapping, and abduction.

¥ He can be imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Reference: sections 362, 366 and 375 of the Indian Penal Code.

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LAWAYZ-2023-359