X takes away a girl out of the custody of her lawful guardians. Which of the following statements is a…

The correct choice is: “No complete defence is available, because kidnapping from lawful guardianship is committed if the girl was in fact under eighteen, whatever X believed or promised”

Section 137(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 361 IPC) says that whoever takes or entices a child (a person below eighteen years of age) out of the keeping of the lawful guardian without the guardian’s consent kidnaps that child from lawful guardianship. The offence protects the guardian’s right of custody, so:

the girl’s own consent, maturity or understanding is irrelevant, so being a college student who knows right from wrong is no defence;

a motive such as ill-treatment by the guardians or a promise of a better life is no defence;

the offence does not depend on the accused’s knowledge of her age. Following the principle of R v. Prince (1875), a bona fide belief that she was over 18, or the fact that she looked older, does not excuse the taking if she was in fact a minor.

Therefore none of the suggested circumstances is a complete defence.