Discussion
In a case where a minor girl was in the custody of her mother. Later the mother obtained divorce from her husband and thereafter the father forcefully removed the daughter from the school. What offence is created by the father ?
Answer: B
Taking a minor girl out of the keeping of her lawful guardian, here the mother who had custody after the divorce, without the guardian's consent is kidnapping from lawful guardianship under section 361 of the Penal Code. Abduction requires compelling a person by force or deceit to go from a place, and confinement and custody are not the offence described. The father's removal of the child from school, against the mother's custody, falls under kidnapping. The answer is kidnapping.
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