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Which provision of the Bharatiya Nyaya Sanhita, 2023 covers the type of kidnapping considered in S.…

Varadarajan concerned IPC sections 361 and 363. The Supreme Court distinguished taking a minor from merely allowing her to accompany the accused. On the evidence, the girl…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 covers the type of kidnapping considered in S. Varadarajan v State of Madras (AIR 1965 SC 942)?

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Answer and explanation

Correct answer C

Varadarajan concerned IPC sections 361 and 363. The Supreme Court distinguished taking a minor from merely allowing her to accompany the accused. On the evidence, the girl left the relative’s house and arranged the meeting herself, and the accused had not induced her to leave. The decision does not make a minor’s consent sufficient. BNS section 137(1)(b) retains the requirement of taking or enticing from lawful guardianship without the guardian’s consent, and section 137(2) prescribes punishment.

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Option A

Incorrect: Section 96 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 366A IPC) deals with procuration of a child.

Option B

Incorrect: Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 364A IPC) deals with kidnapping or abducting for ransom.

Option C

Section 137(1)(b) defines kidnapping from lawful guardianship, including the requirement of taking or enticing, and section 137(2) prescribes its punishment.

Option D

Section 137 addresses kidnapping from lawful guardianship, the kind of kidnapping considered in Varadarajan.

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