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Under Section 137 of the Bharatiya Nyaya Sanhita, 2023 the "kidnapping from lawful guardianship" is: A.…

Under s.137(1)(b) BNS (formerly s.361 IPC), kidnapping from lawful guardianship is taking or enticing any child or any person of unsound mind out of the keeping of the…

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Under Section 137 of the Bharatiya Nyaya Sanhita, 2023 the "kidnapping from lawful guardianship" is:
A. When someone takes or entices any child out of the keeping of the lawful guardian without the consent of the guardian
B. When someone takes or entices any person of unsound mind out of the keeping of lawful guardian without the consent of the guardian
C. When someone entices or takes away any minor without consent of the guardian, but only if the minor is under 16 years of age if male and 18 years of age if female

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Answer and explanation

Correct answer A

Under s.137(1)(b) BNS (formerly s.361 IPC), kidnapping from lawful guardianship is taking or enticing any child or any person of unsound mind out of the keeping of the lawful guardian without the guardian's consent. A child is any person below eighteen years of age (s.2(3) BNS), whether male or female, so the separate limit of sixteen years for males stated in C no longer applies. Hence "A and B only".

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