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A takes a girl out of the custody of her lawful guardians. Which of the following statements is a complete defence if A is charged under Sec. 361 of the IPC for kidnapping on the ground that the girl was below the age of eighteen years when taken away ?
The girl was a student in a college and could understand what was right or wrong for her.
The girl was maltreated by the guardians and A promised her a better life
The girl looked more than 18 years of age and the accused had satisfied himself that she was more than 18 years of age.
None of the above.
- Option 1: The girl's ability to understand right or wrong does not negate the fact that taking a minor from lawful guardians is an offense under IPC Sec. 361.
- Option 2: Even if the guardians maltreated the girl, the law does not permit taking her without legal authority.
- Option 3: The accused's belief based on her appearance is not a defense if she is, in fact, below 18.
- Option 4: None of the above is the correct answer because none of the other options provide a complete legal defense under Sec. 361 IPC.
By: Parvesh Mehta ProfileResourcesReport error
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