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?
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.
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