Kidnapping and Abduction Questions and Answers

Q: Human trafficking is a form of :

Human trafficking is a form of organised crime.Trafficking in persons is typically carried on by structured criminal networks that recruit, transport, harbour and exploit victims for profit, often across borders. Internationally it is addressed by the Palermo Protocol, which supplements the UN Convention against Transnational Organized Crime (2000).White collar crime is committed by respectable persons in the course of their occupation, such as fraud and bribery. Blue collar and violent crime describe kinds of individual offending; trafficking may involve violence but is characterised by its organised, continuing, profit-driven nature.

Q: What is the punishment for kidnapping or abducting a child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child under the Bahrtiya Nayay Sanhita 2023 ?

The punishment is imprisonment under section 97 of BNS for a term which may extend to seven years and fine also.Section 97 of the BNS (formerly section 369 of the IPC) punishes whoever kidnaps or abducts a child under the age of ten years intending to take dishonestly any movable property from the child's person, with imprisonment of either description for a term which may extend to seven years, and fine.Three, five and ten years are not the term the section prescribes. The heavier penalty reflects the vulnerability of very young children, who are often abducted for the ornaments they wear.

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

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.

Q: Which of the following activities, specifically addressed under Section 95 of the Bharatiya Nyaya Sanhita (BNS), 2023, was not included in the Indian Penal Code (IPC) ?

The answer is Both (A) and (B).Section 95 of the BNS, which had no counterpart in the IPC, punishes whoever hires, employs or engages a child to commit an offence, with imprisonment of not less than three years, extending to ten years, and fine. Its Explanation says that using a child for sexual exploitation or pornography is covered by the section.So both hiring a child to commit an offence and engaging a child for sexual exploitation or pornography are addressed. Option C is a looser restatement of A, not a separate element.

Human trafficking is a form of :

A.Violent crime
B.Blue Collar Crime
C.Organised Crime
D.White Collar Crime

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: C

Human trafficking is a form of organised crime.

Trafficking in persons is typically carried on by structured criminal networks that recruit, transport, harbour and exploit victims for profit, often across borders. Internationally it is addressed by the Palermo Protocol, which supplements the UN Convention against Transnational Organized Crime (2000).

White collar crime is committed by respectable persons in the course of their occupation, such as fraud and bribery. Blue collar and violent crime describe kinds of individual offending; trafficking may involve violence but is characterised by its organised, continuing, profit-driven nature.

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What is the punishment for kidnapping or abducting a child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child under the Bahrtiya Nayay Sanhita 2023 ?

A.Imprisonment for a term not exceeding three years and fine
B.Imprisonment for a term not exceeding five years and fine
C.Imprisonment under section 97 of BNS for a term which may extend to seven years and fine also
D.Imprisonment for a term not exceeding ten years and fine

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The punishment is imprisonment under section 97 of BNS for a term which may extend to seven years and fine also.

Section 97 of the BNS (formerly section 369 of the IPC) punishes whoever kidnaps or abducts a child under the age of ten years intending to take dishonestly any movable property from the child's person, with imprisonment of either description for a term which may extend to seven years, and fine.

Three, five and ten years are not the term the section prescribes. The heavier penalty reflects the vulnerability of very young children, who are often abducted for the ornaments they wear.

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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

Exam Year(s)

Tripura Public Service Commission - 2025,

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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Which of the following activities, specifically addressed under Section 95 of the Bharatiya Nyaya Sanhita (BNS), 2023, was not included in the Indian Penal Code (IPC) ?

A.Hiring or engaging a child to commit an offense
B.Engaging a child for sexual exploitation or pornography
C.Using a child to commit any crime
D.Both (A) and (B)

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: D

The answer is Both (A) and (B).

Section 95 of the BNS, which had no counterpart in the IPC, punishes whoever hires, employs or engages a child to commit an offence, with imprisonment of not less than three years, extending to ten years, and fine. Its Explanation says that using a child for sexual exploitation or pornography is covered by the section.

So both hiring a child to commit an offence and engaging a child for sexual exploitation or pornography are addressed. Option C is a looser restatement of A, not a separate element.

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The expression 'Seduced' used in Section 366 A of Indian Penal Code means to _________ a woman to submit to illicit intercourse at any time.

A.use of force by stress
B.deceitfully induce
C.willfully influence
D.none of them

Exam Year(s)

UGC NET - 2012,

Answer: B

To seduce a woman in section 366A means to induce her deceitfully to submit to illicit intercourse.

Seduction involves persuading a woman by deceit or enticement and does not rest on force. The key takes it as to induce deceitfully, since the section deals with inducing a minor girl to go from one place to another with intent that she may be forced or seduced to illicit intercourse.

Use of force by stress is a different idea, since force is not seduction. Willfully influence is too vague to define the term, and the option none of them is wrong because deceitful inducement fits.

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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 ?

A.Abduction
B.Kidnapping
C.Confinement
D.Custody

Exam Year(s)

UGC NET - 2012,

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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Fill in the gap which is more appropriate. Inducing a girl under 18 years of age to go away with him from _________ is an offence of

A.Normal home
B.Place of work
C.Domestic area
D.Any place

Exam Year(s)

UGC NET - 2012,

Answer: D

Inducing a girl under eighteen years to go from any place is the offence of procuring a minor girl under Section 366A of the Indian Penal Code, option D. The section applies when a person induces a minor girl under the age of eighteen years to go from any place or to do any act, with the intent or the knowledge that she may be forced or seduced to illicit intercourse with another person. The narrower words normal home, place of work and domestic area do not appear, so options A, B and C are wrong.

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Fill in the gap that is most appropriate. Who ever entices a girl child of less than 16 years has said to have caused kidnapping out of the keeping of the lawful ______.

A.Parents
B.Foster parents
C.Adopted parents
D.Guardians

Exam Year(s)

UGC NET - 2013,

Answer: D

Section 361 of the Indian Penal Code defines kidnapping from lawful guardianship: whoever takes or entices any minor under sixteen years if a male, or under eighteen if a female, out of the keeping of the lawful guardian of such minor, without the consent of the guardian, commits that offence. The statutory term is 'lawful guardian', which covers parents and any person lawfully entrusted with the care or custody of the minor. Parents, foster parents and adopted parents name only some guardians, so the answer is guardians.

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