Site navigation

A takes a 17-year-old girl out of her lawful guardian’s keeping. Which additional fact would defeat a…

Section 137(1)(b) requires taking or enticing a child out of a lawful guardian’s keeping without that guardian’s consent. A person aged seventeen is a child under section…

Choose your answer

A takes a 17-year-old girl out of her lawful guardian’s keeping. Which additional fact would defeat a charge of kidnapping from lawful guardianship under section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023?

Select one answer
Answer and explanation

Correct answer A

Section 137(1)(b) requires taking or enticing a child out of a lawful guardian’s keeping without that guardian’s consent.

A person aged seventeen is a child under section 2(3). The guardian’s actual consent defeats this charge on the facts given.

Option feedback

Option A

The absence of the lawful guardian’s consent is an element of the offence.

Option B

The girl’s own agreement does not establish consent by her lawful guardian.

Option C

A promise of better living conditions does not establish lawful authority or the guardian’s consent.

Option D

An impression about her age does not establish that she was eighteen or that A believed in good faith that A was entitled to lawful custody.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic