A’ is seventeen years old daughter of ‘B’, ‘C’ without consent of ‘B’ takes ‘A’ for a tour of south India. ‘C’ has committed the offence of

Option A: Kidnapping

Option B: Abduction

Option C: Wrongful confinement

Option D: Wrongful restraint

Correct Answer

Option: a

Explanation

Section 361 of IPC provides for kidnapping from lawful guardianship. Ingredients: (1) There must be taking or enticing of a minor, or a person of unsound mind; (2) Such minor must be under 16 years of age, if a male or under 18 years of age, if a female; (3) Taking or enticing must be out of the keeping of the lawful guardian of such minor or person of unsoundmind; (4) Taking or enticing must be without the consent of such guardian. A being a female below 18 years, C without the consent of B “takes” A out of B’s lawful guardianship. Thus commits the offence of kidnapping.

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THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

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