Site navigation

The divorced parents of a 3-year-old child are living apart, and a competent court has vested sole…

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 out of the keeping of…

Choose your answer

The divorced parents of a 3-year-old child are living apart, and a competent court has vested sole lawful guardianship and custody of the child exclusively in the mother, divesting the father of guardianship. When the mother, a teacher, goes to school, she leaves the child in the care of her own mother. In the mother's absence and without the consent or knowledge of her or her mother, the ex-husband takes the child away with him. What is his criminal liability?

Select one answer
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 out of the keeping of the lawful guardian of such child, without the consent of such guardian, is said to kidnap such child from lawful guardianship. Because a court decree had vested sole lawful guardianship in the mother and divested the ex-husband of guardianship, taking the child without the mother's consent constitutes kidnapping.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic