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Under the Bharatiya Nyaya Sanhita, 2023, which of the following is not an essential element for the…

Under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly s.361 IPC), whoever takes or entices any child (a person below the age of eighteen years, i.e., a…

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Under the Bharatiya Nyaya Sanhita, 2023, which of the following is not an essential element for the offence of kidnapping?

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Correct answer B

Under Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly s.361 IPC), whoever takes or entices any child (a person below the age of eighteen years, i.e., a minor) or any person with mental illness out of the keeping (control) of the lawful guardian of such child or person, without the consent of such guardian, is said to kidnap that child or person from lawful guardianship. The offence is complete once the minor is taken or enticed out of the guardian's keeping without consent, so the intention or motive of the accused is immaterial (save where the good-faith exception in Section 137(1)(b) applies).

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