A married Hindu girl aged 17 years was living in the lawful custody of her husband. One day, her…
Under Section 6(c) of the Hindu Minority and Guardianship Act, 1956, the husband is the natural and lawful guardian of his minor married wife. Under Section 137(1)(b) of the…
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A married Hindu girl aged 17 years was living in the lawful custody of her husband. One day, her father, in the absence and without the consent of her husband, took his daughter away with him. Has he committed any offence?
Answer and explanation
Correct answer C
Under Section 6(c) of the Hindu Minority and Guardianship Act, 1956, the husband is the natural and lawful guardian of his minor married wife. Under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 361 of the Indian Penal Code, 1860), taking or enticing a minor child under eighteen years of age out of the keeping of the lawful guardian without that guardian's consent constitutes kidnapping from lawful guardianship, even when committed by the girl's father.
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