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Under Section 361 (137 BNS) of Indian Penal Code, the “kidnapping from lawful guardianship” is: (A) When someone takes or entices any minor witho
Question

Under Section 361 (137 BNS) of Indian Penal Code, the “kidnapping from lawful guardianship” is:
 (A) When someone takes or entices any minor without the consent of the guardian.
 (B) When someone takes or entices any person of unsound mind, out of the keeping of lawful guardian without the consent of the guardian.
(C) whoever takes or entices any child below the age of eighteen years or any person with mental illness, out of the keeping of the lawful guardian
Choose the correct answer from the options given below:

A.

A and B only

B.

A, B and C only

C.

A and C only

D.

B and C only

Correct option is D

Section 361 (137 BNS) of the Indian Penal Code (which is retained under the Bharatiya Nyaya Sanhita with similar provisions) defines kidnapping from lawful guardianship as taking or enticing:
whoever takes or entices any child below the age of eighteen years or any person with mental illness, out of the keeping of the lawful guardian
Or a person of unsound mind,
from the lawful guardianship without the guardian’s consent.

Information Booster:
Consent of the minor or person of unsound mind is immaterial; what matters is the absence of consent from the lawful guardian.
This provision aims to protect minors and mentally incapacitated individuals from being misled or coerced.

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