Section 137 of BNS : Section 137: Kidnapping.

BNS

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Explanation using Example

Example 1:

Ravi, a businessman, decides to take his 15-year-old nephew, Arjun, on a trip to Nepal without informing or obtaining consent from Arjun's parents, who are his lawful guardians. Ravi believes that Arjun would enjoy the trip and does not intend any harm. However, since Ravi did not get the consent of Arjun's parents, he has committed the offense of kidnapping from lawful guardianship under Section 137 of The Bharatiya Nyaya Sanhita 2023.

Example 2:

Priya, a 30-year-old woman, is mentally challenged and under the lawful guardianship of her brother, Rajesh. One day, Priya's distant relative, Sunita, convinces Priya to come with her to another city without Rajesh's knowledge or consent. Sunita believes she can take better care of Priya but does not have any legal authorization to do so. By taking Priya away from her lawful guardian without consent, Sunita has committed the offense of kidnapping from lawful guardianship under Section 137 of The Bharatiya Nyaya Sanhita 2023.

Example 3:

Aman, a 25-year-old man, is in a relationship with a 17-year-old girl, Meera. Meera's parents do not approve of their relationship and have explicitly told Aman to stay away from her. One day, Aman convinces Meera to run away with him to another state. Since Meera is a minor and Aman took her away without her parents' consent, he has committed the offense of kidnapping from lawful guardianship under Section 137 of The Bharatiya Nyaya Sanhita 2023.

Example 4:

Suresh, a man who believes he is the biological father of a child born out of wedlock, takes the child from the mother's house without her consent. Suresh genuinely believes he has the right to the child's custody. However, if it is proven that Suresh took the child for an immoral or unlawful purpose, he would not be protected by the exception clause and would be guilty of kidnapping from lawful guardianship under Section 137 of The Bharatiya Nyaya Sanhita 2023.

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