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Amir entices a 15-year-old girl away from her lawful guardian Geeta without Geeta’s consent. Amir later…

Section 137(1)(b) requires taking or enticing a child or a person of unsound mind out of a lawful guardian’s keeping without that guardian’s consent. The offence was…

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Amir entices a 15-year-old girl away from her lawful guardian Geeta without Geeta’s consent. Amir later abandons her. Bina finds the girl, contacts Geeta and takes her home at Geeta’s request. Who commits kidnapping from lawful guardianship under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

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

The offence was complete when Amir enticed the child away. Geeta’s request to bring the child home supplies consent for Bina’s conduct.

Option feedback

Option A

Amir enticed a child out of Geeta’s keeping without Geeta’s consent. Bina acted with Geeta’s consent.

Option B

Bina took the child home with Geeta’s consent. Amir had already committed the offence.

Option C

Amir completed the offence, but Geeta authorised Bina to bring the child home.

Option D

Amir’s unauthorised enticement satisfies the elements of kidnapping from lawful guardianship.

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