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To constitute the offence of kidnapping from lawful guardianship under Section 361 (137 BNS) of Indian Penal Code the age of the minor should be: (A)
Question

To constitute the offence of kidnapping from lawful guardianship under Section 361 (137 BNS) of Indian Penal Code the age of the minor should be:
(A) Under eighteen years if male
(B) Under sixteen years if male
(C) Under eighteen years if female
(D) Under sixteen years if female
Choose the correct option:

A.

(A) and (B)

B.

(A) and (C)

C.

(B) and (C)

D.

(A) and (D)

Correct option is C

As per Section 361 of the Indian Penal Code, which corresponds to Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping from lawful guardianship involves taking or enticing away a minor from the custody of their lawful guardian without the guardian’s consent. The law defines a "minor" as a male under sixteen years of age and a female under eighteen years of age for the purpose of this offence. Therefore, kidnapping a male below sixteen years or a female below eighteen years without guardian's consent constitutes this offence.

Information Booster:
The provision is designed to protect minors from being abducted or enticed away from the lawful guardianship, thereby securing their welfare.

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