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A 17-year-old girl is in the keeping of her lawful guardian, B. Without B’s consent, C takes her out of…

Section 137(1)(b) covers taking or enticing a child out of the lawful guardian’s keeping without that guardian’s consent. A 17-year-old is a child under section 2(3). The…

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A 17-year-old girl is in the keeping of her lawful guardian, B. Without B’s consent, C takes her out of that keeping on a trip within India. C has no claim to her custody and neither forces nor deceives her. Which offence has C committed under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

Section 137(1)(b) covers taking or enticing a child out of the lawful guardian’s keeping without that guardian’s consent. A 17-year-old is a child under section 2(3).

The trip stays within India, and the facts do not involve force, deceit, obstruction of movement or a good-faith claim to custody.

Option feedback

Option A

Taking a child from the keeping of her lawful guardian without that guardian’s consent satisfies section 137(1)(b) on these facts.

Option B

Section 138 requires force or deceit. Neither is present.

Option C

Section 127 requires restraint within circumscribed limits. No such restriction is stated.

Option D

Section 126 requires obstruction of a person’s movement in a direction in which they have a right to proceed. Taking her on the trip supplies no such obstruction.

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