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A and B are both sixteen. A persuades B to leave her lawful guardian’s keeping and go with him to…

Section 137(1)(b) applies when a person takes or entices a child from a lawful guardian’s keeping without that guardian’s consent. B is a child under section 2(3). Her…

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A and B are both sixteen. A persuades B to leave her lawful guardian’s keeping and go with him to another city to marry him. B agrees to go. Her guardian does not consent, and A uses neither force nor deceit. Which conclusion follows under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

Section 137(1)(b) applies when a person takes or entices a child from a lawful guardian’s keeping without that guardian’s consent. B is a child under section 2(3). Her willingness and A’s age do not defeat those elements.

Option feedback

Option A

The active persuasion, removal from lawful keeping and lack of guardian consent establish kidnapping from lawful guardianship.

Option B

The consent required for removal from lawful keeping is the guardian’s consent.

Option C

Section 138 requires force or deceitful means, neither of which is present.

Option D

A’s age of sixteen does not put him within the infancy exceptions in sections 20 and 21.

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