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Of Offences Affecting The Human Body Question 1:
Under BNS, what does Section 140(4) state about kidnapping for the purpose of subjecting the victim to grievous hurt, slavery, or unnatural lust?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 1 Detailed Solution
The Correct answer is Option 3
Key Points Section 140: Kidnapping or Abducting with Intent to Murder, for Ransom, or Other Harmful Purposes
- Kidnapping/Abducting for Murder: Whoever kidnaps or abducts any person with the intention that they may be murdered or put in danger of being murdered shall be punished with life imprisonment or rigorous imprisonment up to ten years, along with a fine.
- Kidnapping/Abducting for Ransom or Threat: Whoever kidnaps or abducts any person or keeps them in detention after such kidnapping, and threatens to cause death or harm, or creates reasonable fear that the person may be killed or harmed, or causes death/harm to force the Government, a foreign State, an international organization, or any other individual to take or refrain from an action, or to pay ransom, shall be punishable with death or life imprisonment, along with a fine.
- Kidnapping/Abducting for Secret Confinement: Whoever kidnaps or abducts someone with the intent of secretly and wrongfully confining them shall be punished with imprisonment up to seven years and liable to a fine.
- Kidnapping/Abducting for Grievous Hurt, Slavery, or Exploitation: Whoever kidnaps or abducts a person intending to subject them to grievous harm, slavery, unnatural lust, or knowing that such harm is likely, shall be punished with imprisonment up to ten years, and liable to a fine.
Of Offences Affecting The Human Body Question 2:
What is the maximum imprisonment term for kidnapping with the intent to cause wrongful confinement?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 2 Detailed Solution
The correct answer is Option 2.
Key Points Bharatiya Nyaya Sanhita, 2023 - Section 140: Kidnapping or Abducting in Order to Murder or for Ransom, etc
- Section 140 (3) of BNS, 2023, Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Of Offences Affecting The Human Body Question 3:
What is the punishment for someone who kidnaps or abducts a person and threatens to cause death or hurt, according to B.N.S?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 3 Detailed Solution
The correct answer is Option 3
Key PointsSection 140: Kidnapping or Abducting in Order to Murder or for Ransom, etc.
(1) Kidnapping or Abducting for Murder:
Whoever kidnaps or abducts any person with the intent that the person may be murdered or put in danger of being murdered shall be punished with:
- Imprisonment for life, or
- Rigorous imprisonment for up to ten years,
- And shall also be liable to a fine.
(2) Kidnapping for Ransom or to Cause Harm:
Whoever kidnaps or abducts a person, or keeps someone in detention after the kidnapping, and:
- Threatens to cause death or hurt,
- Creates a reasonable fear of death or harm, or
Actually causes harm or death to force the Government, a foreign State, an international organization, or any other person to take or abstain from any action or pay a ransom,
Shall be punishable with:
- Death, or
- Imprisonment for life,
- And shall also be liable to a fine.
(3) Kidnapping for Secret and Wrongful Confinement:
Whoever kidnaps or abducts any person with the intent to secretly and wrongfully confine them shall be punished with:
- Imprisonment of either description for up to seven years,
- And shall also be liable to a fine.
(4) Kidnapping for Grievous Hurt, Slavery, or Exploitation:
Whoever kidnaps or abducts any person with the intent that they may be subjected to grievous hurt, slavery, or unnatural lust, or knowing that they are likely to be so subjected, shall be punished with:
- Imprisonment of either description for up to ten years,
- And shall also be liable to a fine.
Of Offences Affecting The Human Body Question 4:
As per BNS, What is the punishment for kidnapping or abducting someone in order to murder them under Section 140?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 4 Detailed Solution
The correct answer is Option 1
Key Points Section 140: Kidnapping or Abducting in Order to Murder or for Ransom, etc.
(1) Whoever kidnaps or abducts any person with the intent that such person may be murdered or placed in danger of being murdered shall be punished with:
- Imprisonment for life, or
- Rigorous imprisonment for a term of up to ten years, and
- Shall also be liable to a fine.
Illustrations: (a) A kidnaps Z from India, intending or knowing it is likely that Z may be sacrificed to an idol. A has committed the offense under this section.
(b) A forcibly carries or entices B away from his home, intending that B may be murdered. A has committed the offense defined in this section.
Of Offences Affecting The Human Body Question 5:
What does "begging" include under Section 139?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 5 Detailed Solution
The correct answer is Option 4.
Key PointsBharatiya Nyaya Sanhita, 2023 - Section 139: Kidnapping or Maiming a Child for Purposes of Begging
According to Section 139(4), begging means—
- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;
- (ii) entering on any private premises for the purpose of soliciting or receiving alms;
- (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
- (iv) using such child as an exhibit for the purpose of soliciting or receiving alms.
Of Offences Affecting The Human Body Question 6:
Under Section 139, what is presumed if a person not being the lawful guardian employs a child for begging?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 6 Detailed Solution
The correct answer is Option 1
Key Points
- Section 139: Kidnapping or Maiming a Child for Purposes of Begging
- Kidnapping a Child for Begging:
- Whoever kidnaps or obtains custody of a child (without being the lawful guardian) with the intent of using the child for begging shall be punished with rigorous imprisonment for a term of no less than ten years, which may extend to life imprisonment, along with a fine.
- Maiming a Child for Begging:
- Whoever maims a child for the purpose of using them for begging shall be punished with imprisonment for no less than twenty years, which may extend to life imprisonment for the remainder of their natural life, and a fine.
- Presumption of Kidnapping:
- If a person (who is not the lawful guardian) employs or uses a child for begging, it will be presumed, unless proven otherwise, that they kidnapped or obtained custody of the child to use them for begging.
- Definition of Begging:
- "Begging" includes:
- (i) Soliciting or receiving alms in public places, whether through activities like singing, dancing, fortune-telling, performing tricks, selling items, or otherwise.
- (ii) Entering private premises to solicit or receive alms.
- (iii) Displaying any sore, wound, injury, deformity, or disease (of themselves, another person, or an animal) to obtain or extort alms.
- (iv) Using a child as an exhibit to solicit or receive alms.
Of Offences Affecting The Human Body Question 7:
What is the maximum imprisonment term for maiming a child for begging purposes?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 7 Detailed Solution
The correct answer is Option 3.
Key PointsBharatiya Nyaya Sanhita, 2023 - Section 139: Kidnapping or Maiming a Child for Purposes of Begging
- (1) Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
- (2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.
- (3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging.
- (4) In this section begging means—
- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;
- (ii) entering on any private premises for the purpose of soliciting or receiving alms;
- (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
- (iv) using such child as an exhibit for the purpose of soliciting or receiving alms.
Of Offences Affecting The Human Body Question 8:
What is the minimum imprisonment term for kidnapping a child for the purpose of begging?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 8 Detailed Solution
The correct answer is Option 2.
Key Points Section 139 of BNS, 2023 provides Kidnapping or Maiming a Child for Purposes of Begging
- (1) Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
- (2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.
- (3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging.
- (4) In this section begging means—
- (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise;
- (ii) entering on any private premises for the purpose of soliciting or receiving alms;
- (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
- (iv) using such child as an exhibit for the purpose of soliciting or receiving alms.
Of Offences Affecting The Human Body Question 9:
In Bhartiya Nyaya Sanhita , what constitutes abduction?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 9 Detailed Solution
The correct answer is Option 2.
Key Points
- Section 138 of BNS, 2023 defines abduction as the act of compelling someone by force or inducing them through deceitful means to leave a particular place. It focuses on the unlawful act of forcibly or deceitfully taking someone away from their location.
- If a person forcibly drags someone out of their home or tricks them into leaving their location with false promises, this constitutes abduction under BNS Section 138.
Additional Information
- Section 137 of BNS, 2023 defines two types of kidnapping: (a) kidnapping from India, and (b) kidnapping from lawful guardianship. Kidnapping from India involves conveying a person beyond India's limits without proper consent. Kidnapping from lawful guardianship involves taking or enticing a child or a person of unsound mind away from their lawful guardian without consent. The punishment for kidnapping from India or lawful guardianship is imprisonment for up to seven years and a fine.
Of Offences Affecting The Human Body Question 10:
Under Bhartiya Nyaya Sanhita , what constitutes kidnapping from lawful guardianship?
Answer (Detailed Solution Below)
Of Offences Affecting The Human Body Question 10 Detailed Solution
The correct answer is Option 2.
Key Points Bharatiya Nyaya Sanhita, 2023 - Section 137: Kidnapping
(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship—
- (a) Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India;
- (b) Whoever takes or entices any child or any person of unsound mind out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship.
- Explanation: The words lawful guardian in this clause include any person lawfully entrusted with the care or custody of such child or other person.
- Exception: This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.