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What is defined as 'Kidnapping from lawful guardianship' in the Bharatiya Nyaya Sanhita ?

  • A.Taking or enticing any child or person of unsound mind out of keeping of lawful guardian even if there is no mens rea
  • B.Taking a child away from lawful guardian by fraud
  • C.Taking a child or person of unsound mind from lawful guardian by using deceitful means
  • D.Taking or enticing any child or person of unsound mind out of keeping of lawful guardian using force or coercion

Answer: A

The key's answer is option A: taking or enticing any child or person of unsound mind out of the keeping of the lawful guardian, even if there is no mens rea.

Under Section 137(1)(b) of the BNS, kidnapping from lawful guardianship is taking or enticing a child, or a person of unsound mind, out of the keeping of the lawful guardian without the guardian's consent. Nothing more is required: no force, fraud or deceit, and no further wrongful purpose; the consent of the child is immaterial, and the taker's motive does not matter. That is the sense in which the option says no mens rea is needed.

Force, compulsion and deceitful means are the elements of abduction (Section 138), not kidnapping, so options B, C and D add conditions the offence does not need.

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