A takes a girl out of the custody of her lawful guardians. Which of the following statements is a…

Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 361 IPC) covers taking or enticing any child, that is a person below eighteen years, out of the keeping of the lawful guardian without the guardian’s consent. Where A actually takes such a girl, her intelligence, college attendance or wish for a better life is not a complete defence. Her own consent does not replace the guardian’s consent, and merely believing her older is not the good-faith custody exception stated in the section. Varadarajan distinguishes genuine taking or inducement from merely allowing a mature minor who independently leaves to accompany the accused; the question expressly states taking, so college attendance alone cannot establish that different factual defence.