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Under section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023, whose lack of consent is required when a child is taken or enticed out of lawful keeping, assuming the statutory exception does not apply?

Question and options

Under section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023, whose lack of consent is required when a child is taken or enticed out of lawful keeping, assuming the statutory exception does not apply?

  1. The child’s alone

  2. The guardian’s

  3. Both the child’s and the guardian’s

  4. Any adult relative’s

Answer and explanation

Correct answer: B - The guardian’s

Section 137(1)(b) makes absence of the lawful guardian’s consent the consent element. The child’s willingness does not substitute for that consent. The prosecution must still establish taking or enticement.

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