S. VARADARAJAN vs STATE OF MADRAS

The Supreme Court ruled that under Section 361 of the Indian Penal Code, for a conviction of taking a minor away from lawful guardianship, it must be established that the accused actively induced the minor or participated in her intention to leave her guardian's protection. The Court found that since the minor girl voluntarily left her father's home with full knowledge of her actions and intentions, the accused could not be held guilty merely for assisting her after she had left. Consequently, the conviction under Section 363 IPC was overturned, and the appeal was allowed.