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


Description

  • 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.


    Applicable Offences

    1. 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.
    This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

    2. Maiming a minor in order that such minor may be employed or used for purposes of begging

    Punishment - Imprisonment for Life + Fine
    This is a Non-Bailable, Cognizable offence and triable by Court of Session

    This offence is NOT compoundable.

    1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


    Click here to read more from the Indian Penal Code (IPC), 1860.


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