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 purpose 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, 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 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.
State Amendment
Madhya Pradesh — Offence under section 363A is triable by “Court of Session”.
[Vide Madhya Pradesh Act 2 of 2008, section 4. Published in M.P. Rajpatra (Asadharan) dated 22-2-2008 page 158-158(1).]
363A IPC Case Laws (Supreme Court and High Courts)
| Akram Khan vs State Of West Bengal on 5 December, 2011 |
| Shankar Kisanrao Khade vs State Of Maharashtra on 25 April, 2013 |
| Jaipal vs State Of Haryana on 19 September, 2002 |
| Mohammed Yousuf @ Moula vs The State Of Karnataka on 22 July, 2020 |
FAQs about Kidnapping or Maiming a Minor for Purposes of Begging
Kidnapping or Maiming a Minor for Purposes of Begging refers to the act of kidnapping a minor or obtaining custody of a minor, not being their lawful guardian, with the intention of employing or using the minor for begging. It also includes maiming a minor for the same purpose.
The punishment for kidnapping a minor for purposes of begging is imprisonment of either description for a term that may extend to ten years, and the offender may also be liable to pay a fine.
The punishment for maiming a minor for purposes of begging is imprisonment for life, and the offender may also be liable to pay a fine.
According to subsection (3) of the section, if a person, who is not the lawful guardian of a minor, employs or uses the minor for begging, it shall be presumed, unless proved otherwise, that he kidnapped or obtained the custody of the minor with the intention of employing the minor for begging.
Read also:- IPC Section 363: Punishment For Kidnapping
IPC Section 363A,IPC Section 363A
