IPC 363A - Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging

Description of IPC 363A
Description of IPC Section 363A
According to section 363A of Indian penal code,
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.
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.
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.
In this section
“begging†means:
soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise;
entering on any private premises for the purpose of soliciting or receiving alms;
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;
using a minor as an exhibit for the purpose of soliciting or receiving alms;
“minor†means:
in the case of a male, a person under sixteen years of age; and
in the case of a female, a person under eighteen years of age.
IPC 363A
Offence | Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging |
Punishment | 10 Years + Fine. |
Cognizance | Cognizable |
Bail | Bailable |
Triable | Sessions Court |
Up to 10 years for kidnapping or obtaining custody for begging. Life imprisonment for maiming a minor.
IPC 363A in Simple Words
According to section 363A of the Indian Penal Code, anyone who kidnaps a minor or obtains custody of a minor (not being the lawful guardian) to use the minor for begging purposes can be imprisoned for up to ten years and fined. If someone maims a minor for the same purpose, they can face life imprisonment and a fine. If a person uses a minor for begging, it is presumed that they obtained custody of the minor for begging purposes, unless proven otherwise.
Importance and Practical application
Protects minors from being exploited for begging and addresses severe penalties for related offenses.
Practical application:
Example: An individual kidnaps a child to force them into begging on the streets. This act is punishable under Section 363A, reflecting the legal commitment to protect vulnerable children from exploitation and abuse.Conclusion
Harsh penalties for exploiting minors for begging and for severe harm inflicted on them.