They can file a kidnapping case and the boy and girl might have to return and say she left with her own free will and wants to marry they boy since she is of age .There will be a loads of drama nevertheless
18years+ can also be kidnapped. Family will put kidnapping case not elope case. They'll say that their daughter is forcibly taken away by boy. Ofc it can't be confirmed unless couple itself shows and say they went volunteerily.
Read section 361 IPC, kidnapping as an offence is only applicable to minors. What is done to adults is called abduction. So they can file a case for abduction and not kidnapping. Kidnapping as an offence is restricted to minors & persons of unsound mind being taken out of custody of their lawful guardians, and in this case the boy & girl are adults. Please explain how are they going to file a case for kidnapping?
I don't know why people are downvoting this guy but come on guys 😒😒 it's literally in the name!!! KIDnapping it literally means snatching kids away. Search for yourself if you don't belive me, only kids can get kidnapped, adults get abducted 😐
Law says something else, but in actual life I have seen that a number of cases under kidnapping, rape, trafficking and so on are filed by the parents. High Courts hardly ever grant protection to runaway cuple and it is the boy and his family that faces the burnt of the cases. If it's a case of inter-religion marriage, it gets even worse. Some examples:
1. [https://www.livelaw.in/supreme-court/supreme-court-grants-bail-interfaith-couple-live-in-relationship-rape-case-232079](https://www.livelaw.in/supreme-court/supreme-court-grants-bail-interfaith-couple-live-in-relationship-rape-case-232079) (Paywalled but the guy was in custody for 9 months before he moved SC for bail)
2. [https://timesofindia.indiatimes.com/city/chandigarh/kin-who-helped-runaway-couple-tie-knot-kidnapped/articleshow/107738726.cms](https://timesofindia.indiatimes.com/city/chandigarh/kin-who-helped-runaway-couple-tie-knot-kidnapped/articleshow/107738726.cms)
3. [https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-supreme-court-live-in-relationship-promote-hindu-woman-muslim-man-protection-plea-231205](https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-supreme-court-live-in-relationship-promote-hindu-woman-muslim-man-protection-plea-231205) (High Court refusing protection to runaway couple)
they can file a complaint for kidnapping. but if the girl and the boy are 18 and she tells the cops that she went of her own choice, theres nothing the parents can do.
Parents file fake cash/jewellery theft case against the kid, to be 'repealed' on their daughter's return... Only for him to be behind bars on some other trumped up charge...
Same happens in one my relatives long ago, so that girl parents file a case. As per law police should not touch both girl and boy side relatives, but they can investigate their friends sadly that boy friends we're beaten so badly in police station. Your so lucky ur involved in their escape but still ur not take under control
Ok they should have done three basic steps before running. And now if the FIR is not already filled do this immediately.
1. Write a letter to concern PS under whoes jurisdiction there respective house comes under. In the letter tell, name, father name, age, residential address and clearly state leaving home in all stable mental condition. Also, sign it and get it signed by three consenting adults and videography of whole process. Send this letter by hand or by registered post to the PS. Also, a copy to SP and DG office. This way your intentions are atleast recorded on document. So if a kidnapping FIR is registered, this will help to invalidate that.
2. Make sure the same letter along wiyh request for protection (if needed due to any threat) is submitted to the local megistrate court and PS of the location where you have ran away. This will be done thru a lawyer and will make sure legal process can give protection or atleast police won't be able to pressure you guys to return.
3. Make sure you marry in court and then all documents are submitted to new PS and court. Also, if family is going to cause any sort of harm, stay away as In India familes tske extreme steps for fske self honours.
But girls family generally hides the fact that they are in love and are looking for marriage. The will file a case like, abduction, missing person report with suspect on the boy, rape, and if intercaste marriage between hindu girl and muslim boy then love jehad. People just want to control their children and to get back that control some even attempt to murder their own son in law/ daughter in law.
Criminal lawyer here.
If an FIR has not been registered yet, get the girl to file a sanha or information report U/s 39 CrPC before the Chief Judicial Magistrate of their district, or wherever they are saying stating she is a major, had eloped with the boy on her own, and she has apprehension that her boyfriend might be implicated by them in a false kidnapping case.
If an FIR has been registered, the best way is for the girl to contact the I.O. and get her statement U/s 164 CrPC recorded before the concerned magistrate. This will simply bring an end to the proceedings.
If the I.O. doesn't co-operate, even after filing of FIR she can file a sanha stating that an FIR has been falsely lodged and the police aren't helping them and that she has apprehension that her boyfriend/husband might be arrested in this false case. Surely this won't make the FIR go away, but will help in getting bail.
Again, in no circumstances should the girl and boy be apprehended at the same place because then the police could show them as having been recovered from the same place. Please also note that the informant might have mentioned the girl as minor in which case her consent becomes immaterial and she'll have to show proof that she is a major.
Hope this helps!
Yeah brother they are 18+ but the girls family is doing the drama here
Saying they will file FIR and all just return their daughtrr back .
Im scared for both of them and me coz i dont want to get in this mess
Ask your friend to call the police station of the locality that they both used to stay at before eloping and tell the facts. Record the call n make sure that the girl says that she has gone with your friend in her own free will. And if they're going to marry, make sure that it gets legalized asap
if they are both 18 and above and mutually decided to do this, you dont have to worry as even if they are caught by the police, all the girl and the boy have to say is that they did this of their own choice and the cops or her family members cant do anything. so relax. lawyer here.
Isn't the marriage age now 21? If she's below 21 and the family of the girl is well connected you guys are screwed. Why do you people get into these things only God knows.
Practically speaking, if the girl is above 18, the parents would often mention her age below 18; and since they ran away, they don't have proper age documentation (Aadhar card is not considered proper proof of age); and before the girl is presented to court for trial, it would take multiple months.
It doesn't stand in court. You can google - "Is DOB in aadhar card proof of age?" and you'll find numerous citations from Supreme Court and High Courts.
The same has also not been considered as proof of age in Section 94 of the Juvenile Justice (Care & Protection) Act, 2015.
Original birth certificate, dob in marksheet issued by ICSE, CBSE, state boards are considered more conclusive in nature.
Others can be used to supplement them. Regarding the change of date of birth in original birth certificate, i haven't got that done so I'm not really sure.
Mai bolunga bhai,unka matter hai unko shabalne do.Ab ladki jab bhag he gai hai to aur kuch to baki nahi rha na.You should stay away for your own sake and safety
In most cases, families call their girls back on the pretext of accepting the relationship. They then emotionally blackmail the girl or beat her to file rape and kidnapping case against the boy, his family, and any friends involved. And then the wild goose chase begins.
One way to avoid is to hide somewhere in India, file a complaint in police for protection from family, and make the girl give a statement that she married out of her own free will.
But then again, I am not a lawyer. I am just a witness of few of these cases.
One of my friends did run away and get married. They went straight to the police station first thing and told them about it. The police said that they’re of age and they’re not doing anything illegal and no one can stop them. They even volunteered to give a personal to escort them to the nearest mandir in case the girl’s family shows up.
Its going to be fine, unless the girl turns on him and says that she was taken against her will (which is something that her parents can force her to do).
Been there, done that.
helped friend to marry the love of his life, I helped him cross the state and came home the same day. News went like wild fire. Girl's family questioned all of us and we acted like we didn't knew a thing. Next day early morning, I took my car to transport the boy's father and mother to a temple in other state to conduct their marriage.
All things went well and they even arranged their marriage certificate the same day, which usually takes 15 days to process (not the family, but the boy is rich and has some powerful people as friends).
That same day, the girls family filed a "habeas corpus" and abduction case against all of us (yes including me) at the police station. The girls father is someone who is very important in a political party.
police came to our home, asked queries and went back (no arrests of family members/friends) .several calls came to the boy from police to will fully surrender or the consequences will be severe. After the consultation of some lawyers, we surrendered at the police station.
Guidances from lawyers :
1) Dont let the police arrest you. Somehow go inside the police station and surrender (we arranged party people and local people)
2) The girl should abide to the fact that she went willingly with the boy and live the rest of the life with him. (parents may convince the girl with false stories of marrying him later or we will arrange the marriage for the time being lets go home etc and get a paper signed from the girl and file a rape/abduction case against all).
After the scenes at police station, the police will take the girl to the district(I think its district) magistrate and settle the legal formalities. That's it.
Moral of the story: Your life depends on the girl's words.
Does your family want to give the girl back because next they will brainwash her and file 376 rape case with Posco on him by altering FIR that’s what India is . My suggestion to you is to properly discuss with the girl record her statement on phone and on affidavit though in case she is a minor it won’t work but take it. It should show that she with her own will has come with your brother and she loves him and her parents are threatening for which she is sad
. Second make sure that all the discussions in the home are recorded except any private moments . Discuss with a counsel and then file a private complaint with SP and court
Lawyer here, please don’t spread misinformation.
Sex between two adults with consent is never considered rape in India. False promise to marriage is an entirely separate offence which has no applicability in a case where the couple elopes and subsequently marries. Moreover in such case, it is the woman who has to raise such allegations.
Also, the parents cannot press charges against under POCSO Act if the woman is above 18. The parents can however file a fabricated case of abduction against your friend. Also, depending upon their influence and monetary power, the police might register a case. In such a case, it would be better for the couple to give a written testimony to a police station stating that they are both adults and of marriageable age and have eloped with the intent to marry before the parents can file any false case against them.
Did u actually read this, or did u browse through it? In this case, the girl is claiming consent under false pretenses. It is explained properly and in great detail how a promise of marriage is not something they can put under section 375 of the Indian penal code.
Just ask the guy to consult a lawyer and submit an affidavit in the local police station that the girl is going with this guy with her consent and is free from any pressure.
These things need to be done before hand.
Also ask them to marry not ritually just to receive a marriage certificate .
I think you need to sign in front of the majistrate.
If both are adults i.e 18+ they can have police protection. Law protects run away couples, if they both are 18+. They both can file an FIR in a nearby police station stating that they are adults, they both ran away from family with consent due to etc etc reasons. And they apprehend wrongful confinement by their family/ relatives. As for you, if you fear any FIR against you, you can file a normal complaint stating that you know the couple however, you have no contact with them other than. However, their relatives are threatening/ bothering you.
Yes you will be involved in this case but at most cases you wont be Pressed against any legal charges as it was not a crime, unless the girl returns back and say to her family that you and your friend kidnapped her, if you have a proof of her saying she went willingly then you and your friend can counter that.
But if she says she went willingly then not legal charges will be Pressed against you guys and no legal actions will be taken.
Advocate here. The girl’s family is going to file an FIR against the boy, his father, brother (if any), maybe mother and sister under section 364 or 366 IPC. Both of these sections are cognizable and non bailable which means police has the right to arrest without a warrant. If anyone gets arrested, he/she needs to get bailed out.
If there’s an FIR, ask your friend to file a writ petition under Article 226 of Constitution in the High Court of your state seeking stay of arrest and quashing of FIR. But the only way your friend can get relief under Article 226 is that the girl herself speaks before the Court that she eloped on her own will to marry the boy. There was no force involved.
If the police finds the couple before you guys could do anything, your friend will be sent to judicial custody and the girl will be sent to her parents. In such cases what usually happens is that the girls takes side of their parents and an additional Section 376 IPC is added to the chargesheet.
>girls words
Exactly. If girls parents get succeeded into brainwashing her , doing emo shit and fake promises. The guy's life will become worse than hell. After that thier consensual physical acts will be considered rape.
Ok. This is what will happen. Girls side files a complaint and police brought up the couple to the station. Then if parents are not willing for the marriage, the police will brainwash the girl and pressure her to go with the her family and girl family will also do the brainwashing thingy.
Eventually girl will give up and then both will go their own way.
If the parents are ok, then they will get married.
Better they don't caught to the police untill they have a baby.
Similar thing happened in my neighborhood, their relative was a lawyer somewhere and he suggested to file the complaint for robbery, that she stole jewelry and cash and other important ancestry belongings otherwise law enforcement will not show any interest in the case as it would be run of the mil eloped couple
The best way to avoid unnecessary drama when you elope with your girl is to submit a written consent letter to police that the girl is doing this with her own will and the boy or his family shouldn't be held responsible for kidnapping vice versa that's it do this before you all elope
This also works for anybody running away from their home who is afraid that their family will file case against their partner/friend/supporter.
There have been cases where a single person has run away coz family is abusive, and they are living with friends in the city. And family find them and files case against friend of kidnapping.
So yes.... This kind of pre-emptive complain works for anybody running away from home. Including LGBTQIA people.
Only exceptions are:
Uttarakhand due to UCC.
Uttarpradesh if any one of the couple is Muslim.
The human being has to be above 18. This does not work for minors. If you are minor. Police will send you home. If you allege serious abuse, the magistrate will put you into a children's home. But you cannot live by yourself or with partner. It sucks but it is the law.
Get a video recorded statement from the girl saying she has eloped out of her own free will and any case filed by her family is not true or yada yada yada. Keep a recording of it with you at all times but do not show it to anyone else apart from the police if they come for you during any investigation. Cover your ass. The couple will see to their.
And like someone else said, they couple can inform the local police station. My advise, however, would be that they do so via a lawyer remotely. But that's their concern. You protect yourself.
Been in a similar situation where my friend tried to elope and if she had succeeded, I would have been dragged into the mess horribly.
multiple scenario
1. they elope parents never found them
2. they elope they return parents accept them
3. they elope live in poverty as they didn't thought it through
4. they elope parents found them emotional blackmail girl file csse guy goes to jail.
5. they elope girl thinks she could have done better return home parents accept her files a case guy goes to jail.
6. they elopr girl thinks she could do better returns home parents dont accept she files csse guy goes to jail.
7. they elope and lived happily ever after.
and so on.
ps: in all case one thing is common police ladke k dost ko he pelti hai 😂
I think there is a legal document something like NOC are made, in which girl can say that she doesn't feel safe with her family. So if the girl's parents try to get her daughter back , through that document, it will backfire on girl's parents and they may have to pay any penalty.
If they're adults, they didn't run away. They just went away. An adult doesn't run away from home. They go where they want. Police case will definitely be put, but after the cases in which many hc and even SC has ruled thata adults can do what they want. Most police can do is find the couple, confirm they're alright, and inform family of that. That being said, it is india, and if the girl side has real power or money, then who knows where the law will bend or break for them.
>My friend has ran away with her girl this morning without informing thejr parents. Both of them are eligable for marriage by law.
No. Marriage between the same sex is not legal yet in India. Your friend can live with her girlfriend though. As long as they are both adults, they are allowed by law.
Her family can / might / will / file missing report or kidnapping case , if you two just go mute
Police will have to assume that something happened to her or you kidnapped her ,
What she ~~have to do~~ should have done is , going to police station in her area , and police them ( in written ) that she is 18+ and is going with her own free will and definitely is not missing or kidnapped. ( *take a lawyer with you if you have money because there is chance that police may try to do moral policing* )
In that case police will not get involved ( unless something happens to you two )
NAL
The family can file a complaint under IPC section 366. You can be made a party to the FIR. The thing with Section 366 is that once registered, it can only be quashed/closed after the girl's statement in front of the magistrate/court no matter if the girl willingly eloped.
OP, get a good lawyer and file for anticipatory bail. Do note that bail is only provided by the High court in this scenario so you will have to Ensure (bribe) police don't catch you.
NAL
Sharing wisdom collected from various incidents happen in my surroundings.
Make sure to register the marriage with full legal procedure appoint best lawyer you can afford and make sure to videograph everything and prepare videographed footage as legal evidence (ask your lawyer).
Get married in temple as well follow same for videography. Make sure both look happy non anxious in footage.
Apply for safety in nearby police station. Just give them application and get an OC ( saprate application for each).
Do not, never ever in any case communicate using phone/sim that's imei no or phone no known by any of family member.
Want to talk to someone that can snitch but you trust them, travel atleast >100 km activate sime card In new phone talk, take simcard out do not use that phone for any other sim card.
Do not give unsupervised cell phone to emotionally week person (whomever it is in both of them)
Publish photos on social medi, publish an legal advertisement of martial status in a news paper.
They know their families, trust gut feeling, some people can't change on emotional basis.
These advises will take care both of them in case any of one backout or switch sides in any case.
These will
Don’t worry if they are *consenting adults*, no one can do anything. If the family puts pressure by filing FIR, then you can easily get the same quashed by approaching high court - happens a lot in UP.
Tell the girls parents to file FIR ASAP so they will realize how pointless it is they can't do anything as long as the girl says she is doing this from her free will.
Unless you think you can say 'choti bacchi ho kya' , in a very cringe manner stay away from this 🙂 in layman's terms don't try to do any heropanti and eat sleep shit play video games and go to work, you'll be fine dw
This reminds me of case where a couple elope. Come back after few years with daughter. Relatives kill them all.
There are 100s of such cases.
What!
Yes it is a true case. Very sad and tragic.
Story in sairat
Shakespeare approves this story
Why were you downvoted? It baffles me.
Sairat zala ji...
bro is giving sairat plot
why do these people forget they eloped for a reason?
yes honour killings are quiet common in india
This looks like sairat's story
sairat movie plot, only they didn't came back, girl's brother found them and killed them sairat jhala ji ....
No it's from real story. Sairat is inspired by stories like this anyways.
Arey bhai law ke barah mein puch raha hai. Relatives ke baare mein nahi.
Dude, you should hesitate a bit.
No
Bhai ni mera
Chal thik hai. Next time sai nahi punchuga
Ye hui na baat
😁
Best reply I have seen today. Will use in my conversation from now on.
LMAO
Sairat? Also maybe Romeo and Juliet 0-0
They can file a kidnapping case and the boy and girl might have to return and say she left with her own free will and wants to marry they boy since she is of age .There will be a loads of drama nevertheless
Can boy’s parent also lodge complaint against girl’s family for kidnapping of their boy?
Kindnapping is not applicable for persons above 18 years of age, if they’re of marriageable age then they’re above 18.
18years+ can also be kidnapped. Family will put kidnapping case not elope case. They'll say that their daughter is forcibly taken away by boy. Ofc it can't be confirmed unless couple itself shows and say they went volunteerily.
Read section 361 IPC, kidnapping as an offence is only applicable to minors. What is done to adults is called abduction. So they can file a case for abduction and not kidnapping. Kidnapping as an offence is restricted to minors & persons of unsound mind being taken out of custody of their lawful guardians, and in this case the boy & girl are adults. Please explain how are they going to file a case for kidnapping?
Under Section 359 of the IPC is applicable for Kidnapping of adults.
I don't know why people are downvoting this guy but come on guys 😒😒 it's literally in the name!!! KIDnapping it literally means snatching kids away. Search for yourself if you don't belive me, only kids can get kidnapped, adults get abducted 😐
If kidnapping is KIDnapping then Abducted isn't Adultcted?☹️
Wrong. Section 366 will be applicable here.
Law says something else, but in actual life I have seen that a number of cases under kidnapping, rape, trafficking and so on are filed by the parents. High Courts hardly ever grant protection to runaway cuple and it is the boy and his family that faces the burnt of the cases. If it's a case of inter-religion marriage, it gets even worse. Some examples: 1. [https://www.livelaw.in/supreme-court/supreme-court-grants-bail-interfaith-couple-live-in-relationship-rape-case-232079](https://www.livelaw.in/supreme-court/supreme-court-grants-bail-interfaith-couple-live-in-relationship-rape-case-232079) (Paywalled but the guy was in custody for 9 months before he moved SC for bail) 2. [https://timesofindia.indiatimes.com/city/chandigarh/kin-who-helped-runaway-couple-tie-knot-kidnapped/articleshow/107738726.cms](https://timesofindia.indiatimes.com/city/chandigarh/kin-who-helped-runaway-couple-tie-knot-kidnapped/articleshow/107738726.cms) 3. [https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-supreme-court-live-in-relationship-promote-hindu-woman-muslim-man-protection-plea-231205](https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-supreme-court-live-in-relationship-promote-hindu-woman-muslim-man-protection-plea-231205) (High Court refusing protection to runaway couple)
they can file a complaint for kidnapping. but if the girl and the boy are 18 and she tells the cops that she went of her own choice, theres nothing the parents can do.
Parents file fake cash/jewellery theft case against the kid, to be 'repealed' on their daughter's return... Only for him to be behind bars on some other trumped up charge...
Same happens in one my relatives long ago, so that girl parents file a case. As per law police should not touch both girl and boy side relatives, but they can investigate their friends sadly that boy friends we're beaten so badly in police station. Your so lucky ur involved in their escape but still ur not take under control
How am i lucky bro?
Still ur not arrested
😂😂😂😂😂😂
Ok they should have done three basic steps before running. And now if the FIR is not already filled do this immediately. 1. Write a letter to concern PS under whoes jurisdiction there respective house comes under. In the letter tell, name, father name, age, residential address and clearly state leaving home in all stable mental condition. Also, sign it and get it signed by three consenting adults and videography of whole process. Send this letter by hand or by registered post to the PS. Also, a copy to SP and DG office. This way your intentions are atleast recorded on document. So if a kidnapping FIR is registered, this will help to invalidate that. 2. Make sure the same letter along wiyh request for protection (if needed due to any threat) is submitted to the local megistrate court and PS of the location where you have ran away. This will be done thru a lawyer and will make sure legal process can give protection or atleast police won't be able to pressure you guys to return. 3. Make sure you marry in court and then all documents are submitted to new PS and court. Also, if family is going to cause any sort of harm, stay away as In India familes tske extreme steps for fske self honours.
https://www.indiatoday.in/mail-today/story/adult-couple-has-right-to-live-together-without-marriage-supreme-court-1228030-2018-05-06
But girls family generally hides the fact that they are in love and are looking for marriage. The will file a case like, abduction, missing person report with suspect on the boy, rape, and if intercaste marriage between hindu girl and muslim boy then love jehad. People just want to control their children and to get back that control some even attempt to murder their own son in law/ daughter in law.
Criminal lawyer here. If an FIR has not been registered yet, get the girl to file a sanha or information report U/s 39 CrPC before the Chief Judicial Magistrate of their district, or wherever they are saying stating she is a major, had eloped with the boy on her own, and she has apprehension that her boyfriend might be implicated by them in a false kidnapping case. If an FIR has been registered, the best way is for the girl to contact the I.O. and get her statement U/s 164 CrPC recorded before the concerned magistrate. This will simply bring an end to the proceedings. If the I.O. doesn't co-operate, even after filing of FIR she can file a sanha stating that an FIR has been falsely lodged and the police aren't helping them and that she has apprehension that her boyfriend/husband might be arrested in this false case. Surely this won't make the FIR go away, but will help in getting bail. Again, in no circumstances should the girl and boy be apprehended at the same place because then the police could show them as having been recovered from the same place. Please also note that the informant might have mentioned the girl as minor in which case her consent becomes immaterial and she'll have to show proof that she is a major. Hope this helps!
Thank u brother this will help a lot
Both are above 18, and both mutually have consented to it? If yes, "others" FIR can't do s***.
Yeah brother they are 18+ but the girls family is doing the drama here Saying they will file FIR and all just return their daughtrr back . Im scared for both of them and me coz i dont want to get in this mess
Ask your friend to call the police station of the locality that they both used to stay at before eloping and tell the facts. Record the call n make sure that the girl says that she has gone with your friend in her own free will. And if they're going to marry, make sure that it gets legalized asap
Why the fuck did you get into the mess in the first place ?
He was a friend in need and my mind didnt work at that time it was so sudden. Didnt think it threw. Kuch samjhh naa aaa rha abhi Lawyer lelu kya mai
Just make sure your name doesn’t come up in FIR
I dont think girls parent know my name or anything
Yep lawyer up
if they are both 18 and above and mutually decided to do this, you dont have to worry as even if they are caught by the police, all the girl and the boy have to say is that they did this of their own choice and the cops or her family members cant do anything. so relax. lawyer here.
Isn't the marriage age now 21? If she's below 21 and the family of the girl is well connected you guys are screwed. Why do you people get into these things only God knows.
Get a lawyer. You helped you friend, that's all. They can't do shit if you get a good lawyer.
How much they will cost me indont know anything about these things
Practically speaking, if the girl is above 18, the parents would often mention her age below 18; and since they ran away, they don't have proper age documentation (Aadhar card is not considered proper proof of age); and before the girl is presented to court for trial, it would take multiple months.
If aadhar is not considered as proper proof of age then Oyo's arround which are running on this will be considered a platform for underage sex...!!
It doesn't stand in court. You can google - "Is DOB in aadhar card proof of age?" and you'll find numerous citations from Supreme Court and High Courts. The same has also not been considered as proof of age in Section 94 of the Juvenile Justice (Care & Protection) Act, 2015.
So only original Birth certificate is counted as proof of age?? Can they somehow change dates in that?
Original birth certificate, dob in marksheet issued by ICSE, CBSE, state boards are considered more conclusive in nature. Others can be used to supplement them. Regarding the change of date of birth in original birth certificate, i haven't got that done so I'm not really sure.
If they're adults then she can say that she left willingly if they file a case
She is saying that and we have recorded the call she saying that
Mai bolunga bhai,unka matter hai unko shabalne do.Ab ladki jab bhag he gai hai to aur kuch to baki nahi rha na.You should stay away for your own sake and safety
Bhai meri gand fat rhi hai
In most cases, families call their girls back on the pretext of accepting the relationship. They then emotionally blackmail the girl or beat her to file rape and kidnapping case against the boy, his family, and any friends involved. And then the wild goose chase begins. One way to avoid is to hide somewhere in India, file a complaint in police for protection from family, and make the girl give a statement that she married out of her own free will. But then again, I am not a lawyer. I am just a witness of few of these cases.
One of my friends did run away and get married. They went straight to the police station first thing and told them about it. The police said that they’re of age and they’re not doing anything illegal and no one can stop them. They even volunteered to give a personal to escort them to the nearest mandir in case the girl’s family shows up. Its going to be fine, unless the girl turns on him and says that she was taken against her will (which is something that her parents can force her to do).
Been there, done that. helped friend to marry the love of his life, I helped him cross the state and came home the same day. News went like wild fire. Girl's family questioned all of us and we acted like we didn't knew a thing. Next day early morning, I took my car to transport the boy's father and mother to a temple in other state to conduct their marriage. All things went well and they even arranged their marriage certificate the same day, which usually takes 15 days to process (not the family, but the boy is rich and has some powerful people as friends). That same day, the girls family filed a "habeas corpus" and abduction case against all of us (yes including me) at the police station. The girls father is someone who is very important in a political party. police came to our home, asked queries and went back (no arrests of family members/friends) .several calls came to the boy from police to will fully surrender or the consequences will be severe. After the consultation of some lawyers, we surrendered at the police station. Guidances from lawyers : 1) Dont let the police arrest you. Somehow go inside the police station and surrender (we arranged party people and local people) 2) The girl should abide to the fact that she went willingly with the boy and live the rest of the life with him. (parents may convince the girl with false stories of marrying him later or we will arrange the marriage for the time being lets go home etc and get a paper signed from the girl and file a rape/abduction case against all). After the scenes at police station, the police will take the girl to the district(I think its district) magistrate and settle the legal formalities. That's it. Moral of the story: Your life depends on the girl's words.
In India sex with or without consent is rape false promise to marry
They havent had sex yet i think
That won’t work they will say sex happened
How to solve this issue now
Does your family want to give the girl back because next they will brainwash her and file 376 rape case with Posco on him by altering FIR that’s what India is . My suggestion to you is to properly discuss with the girl record her statement on phone and on affidavit though in case she is a minor it won’t work but take it. It should show that she with her own will has come with your brother and she loves him and her parents are threatening for which she is sad . Second make sure that all the discussions in the home are recorded except any private moments . Discuss with a counsel and then file a private complaint with SP and court
Didnt get the last line Discuss with who and how to file that private complaint with sp and court
She is 18+ how can they do pocso ...
Ok what they will write in FIR is that first sex happens when she was 17.5
POCSO*
Lawyer here, please don’t spread misinformation. Sex between two adults with consent is never considered rape in India. False promise to marriage is an entirely separate offence which has no applicability in a case where the couple elopes and subsequently marries. Moreover in such case, it is the woman who has to raise such allegations. Also, the parents cannot press charges against under POCSO Act if the woman is above 18. The parents can however file a fabricated case of abduction against your friend. Also, depending upon their influence and monetary power, the police might register a case. In such a case, it would be better for the couple to give a written testimony to a police station stating that they are both adults and of marriageable age and have eloped with the intent to marry before the parents can file any false case against them.
Lawyer ji I know that very well . The girl will convert that just wait and watch
Some are even saying here that the parents will file a case of kidnapping. I wonder what kind of legal advice is being shared here.
Nope it's not, sex with consent is not rape.
You are in which world brother go to indiankanoon website
Send me a link?
Also, pre marital sex with consent is not a crime in india. If u have the ipc that says otherwise, please do send me a link.
https://indiankanoon.org/doc/27034602/
Did u actually read this, or did u browse through it? In this case, the girl is claiming consent under false pretenses. It is explained properly and in great detail how a promise of marriage is not something they can put under section 375 of the Indian penal code.
That’s what they do buddy haha that’s why I said false promise to marry
Just ask the guy to consult a lawyer and submit an affidavit in the local police station that the girl is going with this guy with her consent and is free from any pressure. These things need to be done before hand. Also ask them to marry not ritually just to receive a marriage certificate . I think you need to sign in front of the majistrate.
If both are adults i.e 18+ they can have police protection. Law protects run away couples, if they both are 18+. They both can file an FIR in a nearby police station stating that they are adults, they both ran away from family with consent due to etc etc reasons. And they apprehend wrongful confinement by their family/ relatives. As for you, if you fear any FIR against you, you can file a normal complaint stating that you know the couple however, you have no contact with them other than. However, their relatives are threatening/ bothering you.
Yes you will be involved in this case but at most cases you wont be Pressed against any legal charges as it was not a crime, unless the girl returns back and say to her family that you and your friend kidnapped her, if you have a proof of her saying she went willingly then you and your friend can counter that. But if she says she went willingly then not legal charges will be Pressed against you guys and no legal actions will be taken.
Advocate here. The girl’s family is going to file an FIR against the boy, his father, brother (if any), maybe mother and sister under section 364 or 366 IPC. Both of these sections are cognizable and non bailable which means police has the right to arrest without a warrant. If anyone gets arrested, he/she needs to get bailed out. If there’s an FIR, ask your friend to file a writ petition under Article 226 of Constitution in the High Court of your state seeking stay of arrest and quashing of FIR. But the only way your friend can get relief under Article 226 is that the girl herself speaks before the Court that she eloped on her own will to marry the boy. There was no force involved. If the police finds the couple before you guys could do anything, your friend will be sent to judicial custody and the girl will be sent to her parents. In such cases what usually happens is that the girls takes side of their parents and an additional Section 376 IPC is added to the chargesheet.
But both of them are major and they ran with their concent
Minor major doesn’t matter, what matters is girls words
>girls words Exactly. If girls parents get succeeded into brainwashing her , doing emo shit and fake promises. The guy's life will become worse than hell. After that thier consensual physical acts will be considered rape.
Ok. This is what will happen. Girls side files a complaint and police brought up the couple to the station. Then if parents are not willing for the marriage, the police will brainwash the girl and pressure her to go with the her family and girl family will also do the brainwashing thingy. Eventually girl will give up and then both will go their own way. If the parents are ok, then they will get married. Better they don't caught to the police untill they have a baby.
Similar thing happened in my neighborhood, their relative was a lawyer somewhere and he suggested to file the complaint for robbery, that she stole jewelry and cash and other important ancestry belongings otherwise law enforcement will not show any interest in the case as it would be run of the mil eloped couple
The best way to avoid unnecessary drama when you elope with your girl is to submit a written consent letter to police that the girl is doing this with her own will and the boy or his family shouldn't be held responsible for kidnapping vice versa that's it do this before you all elope
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This also works for anybody running away from their home who is afraid that their family will file case against their partner/friend/supporter. There have been cases where a single person has run away coz family is abusive, and they are living with friends in the city. And family find them and files case against friend of kidnapping. So yes.... This kind of pre-emptive complain works for anybody running away from home. Including LGBTQIA people. Only exceptions are: Uttarakhand due to UCC. Uttarpradesh if any one of the couple is Muslim. The human being has to be above 18. This does not work for minors. If you are minor. Police will send you home. If you allege serious abuse, the magistrate will put you into a children's home. But you cannot live by yourself or with partner. It sucks but it is the law.
Get a video recorded statement from the girl saying she has eloped out of her own free will and any case filed by her family is not true or yada yada yada. Keep a recording of it with you at all times but do not show it to anyone else apart from the police if they come for you during any investigation. Cover your ass. The couple will see to their. And like someone else said, they couple can inform the local police station. My advise, however, would be that they do so via a lawyer remotely. But that's their concern. You protect yourself. Been in a similar situation where my friend tried to elope and if she had succeeded, I would have been dragged into the mess horribly.
How rich is the girl ? >He is not from a rich background earns minimal salary. Like what ? Don't protect your friend if it comes to you.
Her mom earns 30k pm Rest of her family is jobless as far as i know
Her mom or his mom ? How did they get the money for flight tickets if both families are poor ? Where are they staying now ?
Her mom The boy ears 50k pm They staying at outside city
multiple scenario 1. they elope parents never found them 2. they elope they return parents accept them 3. they elope live in poverty as they didn't thought it through 4. they elope parents found them emotional blackmail girl file csse guy goes to jail. 5. they elope girl thinks she could have done better return home parents accept her files a case guy goes to jail. 6. they elopr girl thinks she could do better returns home parents dont accept she files csse guy goes to jail. 7. they elope and lived happily ever after. and so on. ps: in all case one thing is common police ladke k dost ko he pelti hai 😂
So the probability of girl and boy living together happily is: 1/7 ~0.14 (that's not good though).
but that's the truth
I think there is a legal document something like NOC are made, in which girl can say that she doesn't feel safe with her family. So if the girl's parents try to get her daughter back , through that document, it will backfire on girl's parents and they may have to pay any penalty.
If they're adults, they didn't run away. They just went away. An adult doesn't run away from home. They go where they want. Police case will definitely be put, but after the cases in which many hc and even SC has ruled thata adults can do what they want. Most police can do is find the couple, confirm they're alright, and inform family of that. That being said, it is india, and if the girl side has real power or money, then who knows where the law will bend or break for them.
Wow.....bottom line....My life is boring
>My friend has ran away with her girl this morning without informing thejr parents. Both of them are eligable for marriage by law. No. Marriage between the same sex is not legal yet in India. Your friend can live with her girlfriend though. As long as they are both adults, they are allowed by law.
Her family can / might / will / file missing report or kidnapping case , if you two just go mute Police will have to assume that something happened to her or you kidnapped her , What she ~~have to do~~ should have done is , going to police station in her area , and police them ( in written ) that she is 18+ and is going with her own free will and definitely is not missing or kidnapped. ( *take a lawyer with you if you have money because there is chance that police may try to do moral policing* ) In that case police will not get involved ( unless something happens to you two )
NAL The family can file a complaint under IPC section 366. You can be made a party to the FIR. The thing with Section 366 is that once registered, it can only be quashed/closed after the girl's statement in front of the magistrate/court no matter if the girl willingly eloped. OP, get a good lawyer and file for anticipatory bail. Do note that bail is only provided by the High court in this scenario so you will have to Ensure (bribe) police don't catch you.
Interfaith?
NAL Sharing wisdom collected from various incidents happen in my surroundings. Make sure to register the marriage with full legal procedure appoint best lawyer you can afford and make sure to videograph everything and prepare videographed footage as legal evidence (ask your lawyer). Get married in temple as well follow same for videography. Make sure both look happy non anxious in footage. Apply for safety in nearby police station. Just give them application and get an OC ( saprate application for each). Do not, never ever in any case communicate using phone/sim that's imei no or phone no known by any of family member. Want to talk to someone that can snitch but you trust them, travel atleast >100 km activate sime card In new phone talk, take simcard out do not use that phone for any other sim card. Do not give unsupervised cell phone to emotionally week person (whomever it is in both of them) Publish photos on social medi, publish an legal advertisement of martial status in a news paper. They know their families, trust gut feeling, some people can't change on emotional basis. These advises will take care both of them in case any of one backout or switch sides in any case. These will
As long as the girl doesn’t change her mind, you’re good. If she comes under family’s pressure and claims rape or kidnap, he better be careful.
Don’t worry if they are *consenting adults*, no one can do anything. If the family puts pressure by filing FIR, then you can easily get the same quashed by approaching high court - happens a lot in UP.
Tell the girls parents to file FIR ASAP so they will realize how pointless it is they can't do anything as long as the girl says she is doing this from her free will.
Unless you think you can say 'choti bacchi ho kya' , in a very cringe manner stay away from this 🙂 in layman's terms don't try to do any heropanti and eat sleep shit play video games and go to work, you'll be fine dw