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SECTION 363A IPC - Indian Penal Code - Kidnapping or maiming a minor for purposes of begging


Last Updated: 01 Apr, 2023
By Advocate Chikirsha Mohanty


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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.
    1. 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.
    2. In this section
      1. ?begging? means:
        1. soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise;
        2. entering on any private premises for the purpose of soliciting or receiving alms;
        3. 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;
        4. using a minor as an exhibit for the purpose of soliciting or receiving alms;
      2. ?minor? means:
        1. in the case of a male, a person under sixteen years of age; and
        2. in the case of a female, a person under eighteen years of age.

    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





    FAQ's on IPC Section 363A


    What offence is defined under IPC 363A?

    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.


    What is the punishment for IPC 363A Case?

    The punishment for IPC 363A is 10 Years + Fine..


    Is IPC 363A cognizable offence or non-cognizable offence?

    IPC 363A is a Cognizable.


    How to file/defend your case for IPC 363A offence?

    Use LawRato for filing/defending your case under IPC 363A with the help of best criminal lawyers near you.


    Is IPC 363A bailable or non-bailable offence?

    IPC 363A is a Non-Bailable offence.


    In what court can IPC 363A be tried?

    IPC 363A is tried in the court of Magistrate First Class.


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