Court rules father cannot be charged under IPC Section 363 as he is the natural guardian, dismisses charges under Sections 323 and 341 for lack of essential ingredients
In a significant ruling, the Jharkhand High Court has quashed the criminal proceedings against Khalid Eqbal, who was accused of taking his minor son from the custody of his wife and allegedly committing assault and wrongful restraint. The court observed that as the natural guardian, a father cannot be charged under Section 363 of the Indian Penal Code (IPC) for taking his child. The judgment was delivered by Justice Anil Kumar Choudhary in response to a criminal miscellaneous petition filed by Eqbal.
The case originated from a complaint by Eqbal's wife, who alleged that Eqbal took their four-year-old son from Dhanbad Railway Station and committed acts of assault and wrongful restraint. The Judicial Magistrate 1st Class, Dhanbad had previously found a prima facie case against Eqbal for offences under Sections 323, 341, and 363 of the IPC, leading to the issuance of summons.
Eqbal's counsel argued that the charges were unfounded, citing precedents from various High Courts, including those of Bombay, Orissa, Karnataka, Kerala, and Andhra Pradesh, which held that a father, being a natural guardian, cannot be charged under Section 363 for taking his minor child.
The court examined the essential ingredients required to constitute the offences under Sections 323 and 341 of the IPC and found them lacking in this case. Justice Choudhary noted that there were no allegations of bodily pain, disease, or infirmity to the complainant, which are necessary to establish an offence under Section 323. Similarly, there was no claim of obstruction that would satisfy the criteria for wrongful restraint under Section 341.
The court concluded that continuing the proceedings would amount to an abuse of the legal process. Consequently, the entire criminal proceeding, including the previous order by the Judicial Magistrate, was quashed.
This judgment underscores the legal principle that a natural guardian cannot be prosecuted for kidnapping their own child and highlights the importance of meeting essential legal requirements to substantiate charges of assault and wrongful restraint.
Bottom line:-
Father, as a natural guardian, cannot be booked under Section 363 IPC for taking away his minor child from the custody of his wife. Additionally, mere allegations of "maar peet" or wrongful restraint without essential ingredients being satisfied do not constitute offences under Sections 323 and 341 IPC.
Statutory provision(s): Section 528 of Bharatiya Nyaya Sanhita, 2023, Sections 323, 341, and 363 of the Indian Penal Code, 1860
Khalid Eqbal v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2949309
