Response

In India, a boy and a girl usually go away from their homes in order to get married and to avoid the social and family barriers related to religion, family consent, etc., In India, for an elopement to be valid and legal, there are two main things that both the parties involved must be major according to law (Minimum age of 21 years for a boy and 18 years for a girl) and the elopement must be consensual. There must not be the presence of any kind of force or threat in order to get the elopement accomplished. 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.

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

Reference:

20210066202100212110

LAWAYZ-2023-807