Legal Question in Criminal Law in India

How to get bail against charges of 366A if the girl is major and went willingly with the boy, How to get the case quashed

Asked on 12/10/13, 10:36 am

2 Answers from Attorneys


As you may already know, Section 366A deals with the procuration of a minor girl. The section reads "Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine." Since it is a criminal complaint filed after an FIR, it will be difficult to get it immediately quashed. However, the boy can apply for anticipatory bail and save himself from going to jail. Further, he can contest the criminal charges filed against him. Normally, there must be some documentary evidence that can be used as Proof of majority, such as birth certificates, school certificates, or matriculation certificates. If there are no documents available, then the court can order on its own discretion a bone ossification test that is used to determine the age. It does not matter if she went willingly or not of she is a minor. However, if she is a major, then the charges will be immediately quashed. It will be best that you consult a good lawyer in regard to the evidence that can be produced and what the exact procedure will be.


Advocate Ashok Kumar;

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Answered on 12/12/13, 9:52 pm

Appoint an expert lawyer in your locality. He will arrange it for you and your family.

Good luck.


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Answered on 12/14/13, 8:03 am

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