Delhi Judicial Services Pre Exam 2007

A child of ten years of age does not have any parents or any lawful guardian. He is whisked away by some body. That person is said to have committed an offence of

Verified Answer
A. Abduction
B. Trafficking of children

Explanation:

Section 362 of the Indian Penal Code defines abduction: 'Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.' A child of ten years is a person. 'Whisked away' implies taking away by force or deceit. Since the child has no lawful guardian, it cannot be kidnapping from lawful guardianship (Section 361 IPC). While trafficking (Section 370 IPC) often involves abduction as a means, the primary act of taking away a person by force or deceit is abduction. Therefore, abduction is the most appropriate offence for the act of 'whisking away' in this scenario.