SECTION 363A IPC - Indian Penal Code - Kidnapping or maiming a minor for purposes of begging
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
- 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.
- “begging” means:
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.
Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|
Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of begging | 10 Years + Fine. | Cognizable | Non-Bailable | Magistrate First Class |
Maiming a minor in order that such minor may be employed or used for purposes of begging | Imprisonment for Life + Fine | Cognizable | Non-Bailable | Court of Session |
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 : Non-Bailable
Triable : Magistrate First Class
Offence : Maiming a minor in order that such minor may be employed or used for purposes of begging
Punishment : Imprisonment for Life + Fine
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Court of Session
Anyone who kidnaps a minor or obtains custody of a child without being the legal guardian, for the purpose of using the child to beg is punishable by imprisonment for up to 10 years.
Comments by Users
No Comments! Be the first one to comment.
Find the best lawyer for IPC Section 363A charges
Popular IPC Sections
Frequently Asked Questions
Is IPC 363 bailable?
The punishment can also include a fine or a prison term up to seven-years long, depending on the severity of the crime. The First-Class Magistrate is authorized to adjudicate, determine bail and conduct trials. Section 363 is an offense that can be charged with bail, which must be recognized, but cannot be compounded.
What is the IPC section 366a?
Section 366A: This section was added to protect girls under 18 years of age from being seduced or forced into illicit sexual relations with another person. This act can be punished with a maximum of 10 years in prison and a fine.
What is Section 364A of IPC?
Section 364A of Indian Penal Code states that anyone who kidnaps, abducts, threatens harm or harms the person in order to force the government, foreign state, or other parties to act or pay ransom can be sentenced to death, life imprisonment, and a fine. 1 Dec 2023