Indian Penal Code 1860
Section 363A :
1.[Kidnapping or maiming a minor for purposes of begging:
(See section 139 of BNS 2023)
Classification of Offence:
Offence: Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging.
Punishment :Imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class. Magistrate of the first class.( State Amendment, Madhye Pradesh : Court of Session)
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Offence: Maiming a minor in order that such minor may be employed or used for purposes of begging.
Punishment :Imprisonment for life and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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(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 can 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 Sections 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 for 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 :
Madhye Pradesh :
Offence under section 363A is triable by Court of Session.
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1. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).
