Custody · 28 July 2026
Natural Guardian Father Cannot Be Prosecuted for Kidnapping Minor Child
High Court of Jharkhand · 2026 LiveLaw (Jhr)
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Amid ongoing matrimonial discord, the wife filed an FIR alleging kidnapping under Section 363 IPC against the husband after he took physical custody of his minor son.
The Jharkhand High Court held that a father, being the natural guardian of a Hindu minor under Section 6 of the Hindu Minority and Guardianship Act, 1956, cannot be prosecuted for kidnapping under Section 363 IPC for taking his own child.
Relevant provisions: Section 363 IPC (Section 137 BNS) / Section 6, Hindu Minority and Guardianship Act, 1956
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