Section 363A IPC: Kidnapping or maiming a minor for purposes of begging

Section 363A IPC Bare Act Text

363A. Kidnapping or maiming a minor for purposes of begging

(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.

(4) In this section,—

(a) "begging" means—

(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, 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 a minor as an exhibit for the purpose of soliciting or receiving alms;

(b) "minor" means—

(i) in the case of a male, a person under sixteen years of age; and

(ii) in the case of a female, a person under eighteen years of age.

Source: Section 363A, Indian Penal Code, 1860

Section 363A IPC in Simple Words

Ingredients of Section 363A IPC

• Kidnapping a minor (a male under sixteen years of age or a female under eighteen years of age) or obtaining their custody without being the lawful guardian
• Or maiming such a person
• The act was committed in order that the victim may be employed or used for begging
• Begging comprises soliciting or receiving alms in public, entering private premises for alms, exhibiting injuries, or using the victim as an exhibit

Punishment Under Section 363A IPC

Section 363A IPC punishes kidnapping or obtaining custody of a person under statutory age limits for begging with imprisonment extending up to ten years and liability to fine. Maiming such a person for begging carries imprisonment for life and liability to fine. The offence is cognizable, non-bailable, and triable by a Magistrate of the first class for kidnapping or custody, or by the Court of Session for maiming. It is not compoundable.

Example of Section 363A IPC

When Section 363A IPC Does Not Apply

• A person who is not the minor's lawful guardian takes care of the minor for schooling or shelter, without any purpose of employing or using the minor for begging.
• The person employed or used for soliciting alms is a male aged sixteen years or older, or a female aged eighteen years or older, and is therefore not a minor under Section 363A IPC.
• A minor is kidnapped for an unrelated purpose, such as marriage or ransom, with no intention of using the minor to solicit or receive alms.
• A non-guardian accused of using a minor for begging proves to the court that the minor was neither kidnapped nor taken into custody for the purpose of begging.

Section 363A IPC in the BNS

FAQs on Section 363A IPC

Sections Related to Section 363A IPC