Section 373 IPC possession means definite control over a minor, not mere custody for a single act of intercourse.

For an offence under Section 373 of the Indian Penal Code, possession of a minor need not be obtained from a third party; a person who takes a minor girl and secures control over her with the requisite intent may fall within the section. Possession under the provision means definite control over the minor, not merely temporary custody for a single act of sexual intercourse, and power of disposal is a useful test. On the facts discussed, the jury was properly directed on the scope of Section 373 and the evidence was sufficient to support possession in the statutory sense, so the conviction was upheld.

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Issues: (i) whether, for an offence under Section 373 of the Indian Penal Code, possession of a minor must be obtained from a third party; and (ii) what constitutes possession within Section 373.

Issue (i): whether, for an offence under Section 373 of the Indian Penal Code, possession of a minor must be obtained from a third party.

Analysis: The provision was construed on its own language, with due regard to the preceding section, but without restricting its plain words. The obtaining of possession was held not to depend on a transfer from a third party, and a person who takes a minor girl and secures control over her with the requisite intent may fall within the section.

Conclusion: It is not necessary that possession under Section 373 be obtained from a third party.

Issue (ii): what constitutes possession within Section 373.

Analysis: Possession within the section was held to require something more than temporary possession for a single act of sexual intercourse. It denotes definite control over the person concerned, and power of disposal is a useful test. Where the evidence shows complete control over the minor for a substantial period, the jury may properly find possession within the section.

Conclusion: Possession within Section 373 means definite control, not merely possession for a single act of sexual intercourse.

Final Conclusion: The conviction was upheld because the jury was properly directed on the scope of Section 373 and the evidence was sufficient to support possession in the statutory sense.

Ratio Decidendi: For Section 373 of the Indian Penal Code, obtaining possession of a minor does not require acquisition from a third party, and possession means definite control over the minor beyond mere custody for a single act of intercourse.

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