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A falsely promises education and a city job to a fifteen-year-old orphan girl, who accompanies him.…

Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 361 IPC) requires taking or enticing the child out of a lawful guardian’s keeping without that…

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A falsely promises education and a city job to a fifteen-year-old orphan girl, who accompanies him. Before leaving, she was not in the keeping of any lawful guardian or any person lawfully entrusted with her care or custody. Does this establish kidnapping from lawful guardianship under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 merely because she was a minor and was deceived?

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Correct answer C

Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 361 IPC) requires taking or enticing the child out of a lawful guardian’s keeping without that guardian’s consent. The express absence of any such keeping defeats that element here; orphanhood alone would not. Deceit or exploitation may raise other legal issues, but does not supply the missing element of this particular offence.

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