No Criminal Liability Can Be Imposed Against Father

No Criminal Liability Can Be Imposed Against Father

The Bhawalpur Bench noted its position in light of Muhammadan Law and Islamic Injunctions that the true father cannot be labelled a kidnapper if he takes away his children when deciding a revision against the challenged decision given by the Learned Additional Session Judge.

The mother of a 10-year-old juvenile filed a petition under Section 491 of the Criminal Procedure Code to retrieve her minor daughter who had been removed from her custody. It was implied that the true father and paternal uncles were involved. Despite valiant efforts, the minor has not been found. As a result, on the mother's request, the Additional Session Judge instructed SHO to proceed u/s 154 and file a FIR for the abduction of a youngster.

That, in light of Muhammadan law, the High Court in the current case concluded that a father is a natural guardian and cannot be held liable for the kidnapping of his own child. Second, Sections 361 and 363 of the PPC address the transfer of custody from a legal guardian to a father. According to Muslim law, the father is the natural guardian of his children, hence no criminal proceedings may be brought against him.