Which one of the following is not an essential ingredient of the offence of kidnapping from lawful…
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 (defined under Section…
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Which one of the following is not an essential ingredient of the offence of kidnapping from lawful guardianship under the Bharatiya Nyaya Sanhita, 2023?
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 (defined under Section 2(3) BNS as any person below the age of eighteen years) or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship. Thus, the minority of the child, taking or enticing out of the keeping of the lawful guardian, and absence of the lawful guardian's consent are the essential ingredients of the offence, whereas the intention or motive of the accused is immaterial and is not an essential ingredient.
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