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A court gives a mother custody of her four-year-old daughter P after divorce. Father X, knowing that he…

The classification is "Kidnapping from lawful guardianship": section 137(1)(b) covers taking a child out of the keeping of the lawful guardian without consent, and its…

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A court gives a mother custody of her four-year-old daughter P after divorce. Father X, knowing that he has no lawful right to remove P contrary to that order, takes P from her mother’s keeping without consent. No force or deceit is used. Which BNS classification is established?

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Correct answer B

The classification is "Kidnapping from lawful guardianship": section 137(1)(b) covers taking a child out of the keeping of the lawful guardian without consent, and its good-faith lawful-custody belief exception does not apply to the knowing violation stated here. Abduction under section 138 requires force or deceit, neither of which is supplied, so "Abduction solely because P is moved" and "Both kidnapping and abduction despite the absence of force or deceit" fail.

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