Some lady promises her male friend to go with him on a pleasure trip next evening, while talking on phone.He records this statemebt of her by his voice recording phone.
But next morning she denies to go with him.
Here in the evening if this man abducts the girl by putting her in fear of death;
Q===Will they set him free from charges of ''abduction'' when they will listen that voice record of her PROMISE TO MEET IN EVENING?
2007-05-17 00:57:54 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes this amounts to abduction similarly as I told you in your last question, the consent for any act is for that very moment not for perpetuality. The court will also see the other evidences & circumstances of the case to decide how the girl was forced by physical threat & took away forcefully, the defense of consent recorded on voice recording has no relevance when other evidence show the resistance by the lady at the time of abduction & force used against her even in the manner of physical threat.
2007-05-17 01:17:02 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
in the Indian Penal Code Abduction is defined under section 362. it reads as ;- whosoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person.
this section merly defines the word abduction.
abduction with certain intent is an offence where force or fraud is essential. abduction is continious offence, that is , a girl is being abducted not only when she is first taken from any public place but also when she is removed from one plce to another. mere finding that the accussed abducted the woman is not enough , it must be shown that the accussed abducted her for nay of the purpose mentioned in section 366of indian peal code.
in the above question the man has abducted the girl by putting her in fear of death. this amounts to an offence of abduction.
for accquitall the man has to prove his version & its courts duty to see what are the facts.
for this problem please reffer to case
chhotelal v/s state of haryana, AIR1979 SC 1994
2007-05-18 12:24:36 · answer #2 · answered by MAnjit S 1 · 0⤊ 0⤋
Yes it is, can still change your mind and can't force anyone against their will. With the "prior" or existing relationship charges may be down graded or eventually dropped. But I beleive it might be a crime to record a conversation withought the other persons consent !
2007-05-17 08:14:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The answer is no . The lady has given that promise over the phone as part of a friendly converstion and it is not legally binding to follow what she has said . Secondly the male friend has threatened her to death which is a serious offense and he can be prosecuted for the same .
2007-05-17 09:03:39 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Nice question....
see the court has to decide that whtere the girl was willing to go with the kidnapper or not..
it is possible that girl agreed earlier but she may deny that later...
2007-05-17 08:06:01 · answer #5 · answered by Y2A 2 · 0⤊ 0⤋
Yes it is, People have the right to change there mind
2007-05-17 08:06:22 · answer #6 · answered by Justified 6 · 0⤊ 0⤋
ya this is abduction in other sense but this is not crime if someone denied to come date
but the blackmailing is crime she can sue you
2007-05-17 08:02:18 · answer #7 · answered by Ar.ARFATH 3 · 1⤊ 0⤋