What is Section 363A IPC? Kidnapping or maiming a minor for purposes of begging
Published on: Lawiz Team
Learn about Section 363A IPC: Kidnapping or maiming a minor for purposes of begging
Official Legal Text
1. Whoever kidnaps or maims any minor for the purpose of employing or using the minor for begging shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
2. Whoever, having the actual charge of a minor, employs or uses such minor for the purpose of begging or causes any minor to beg, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
3. For the purposes of this section,—
(a) “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.
(b) “begging” means—
(i) soliciting or receiving alms in a public place or entering any private premises for the purpose of soliciting or receiving alms, whether under any pretence;
(ii) 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 animal.
4. Where any person, not being the lawful guardian of a minor, obtains the custody of the minor, through fraud or deceitful means, for the purpose of employing or using such minor for begging, he shall be presumed to have kidnapped or maimed the minor.
What This IPC Section Means – Explained in Simple Words
Section 363A punishes anyone who kidnaps or maims a minor with the intention of using them for begging.
Purpose
To protect minors from being kidnapped, maimed, or exploited for begging.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, and fine.
Key Elements
1. The victim must be a minor. 2. They must be kidnapped or maimed. 3. The purpose must be to use them for begging.
Punishment Details
Imprisonment of up to 10 years, and a fine.
Illustrative Example
If a person kidnaps a child, injures them, and uses them to beg on the streets, it is an offence under Section 363A.
Legal Defenses
If the accused can prove the child is not a minor or was not used for begging, they may be acquitted.
Related Sections
Related to Section 363 (Punishment for Kidnapping) and Section 370 (Human trafficking).
FAQs
What is Section 363A IPC?
Kidnapping or maiming a child under 18 years for begging.
Punishment for Section 363A IPC?
Kidnapping: up to 10 years; Maiming: imprisonment for life.
Cognizable?
Yes, cognizable and non-bailable.
Example of offence?
Kidnapping a child and forcing him/her to beg at traffic signals.
Where to file complaint?
Nearest police station immediately.
Jurisdiction for trial?
Sessions Court.
Possible defences?
Proving lawful guardianship or no intent to beg.