"A" takes a girl aged 16 years out of the keeping of her lawful guardian without the guardian's…
Under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 361 of the Indian Penal Code, 1860), whoever takes or entices any child (any person below 18…
Choose your answer
"A" takes a girl aged 16 years out of the keeping of her lawful guardian without the guardian's consent, believing in good faith that she is above 18 years of age. Under the Bharatiya Nyaya Sanhita, 2023, is "A" criminally liable for kidnapping?
Answer and explanation
Correct answer B
Under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 361 of the Indian Penal Code, 1860), whoever takes or entices any child (any person below 18 years of age) out of the keeping of the lawful guardian of such child without the guardian's consent commits the offence of kidnapping from lawful guardianship. Liability is strict as to the age of the child, so a bona fide mistake regarding the girl's age is no defence and "A" is criminally liable.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Rajasthan SET Law
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision