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"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…

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"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?

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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.

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