IPC Section 363A — Kidnapping or maiming a minor for purposes of begging

Summary

Taking a minor away from their lawful guardian, or getting custody of a minor when you are not their lawful guardian, so that the minor can be used for begging is a crime. The punishment for this can be up to ten years in prison, along with a fine. If a person who is not the minor's lawful guardian actually uses the minor for begging, the law presumes that they kidnapped or obtained custody of the minor for that purpose, unless they can prove otherwise.

Causing a permanent injury to a minor so that the minor can be used for begging is a more serious crime, punishable with life imprisonment and a fine.

"Begging" includes asking for money or gifts in a public place, even if done under the pretense of performing, selling items, or other activities. It also includes entering private property to ask for alms, showing a wound or deformity to get money, or using a minor as a display to ask for alms. A "minor" means a boy under 16 years old and a girl under 18 years old.

Official Text

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, fortune-telling, 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.

Related Judgments

• CRL A/861/2016 — Madras High Court (2016)
• NEERAJ SHARMA v. STATE OF CHHATTISGARH — Supreme Court of India (2024)
• S.C.R. 949 SHANKAR KISANRAO KHADE v. STATE OF MAHARASHTRA — Supreme Court of India (2013)
• KIRANSINH FATESINH ZALA v. STATE OF GUJARAT — Supreme Court of India (2021)
• ARJUN SINGH v. STATE OF H.P — Supreme Court of India (2009)
• S.C.R. SHAIK AHMED v. STATE OF TELANGANA — Supreme Court of India (2021)
• S.C.R. 850 STATE OF HARYANA v. BASTI RAM — Supreme Court of India (2013)
• S.C.R. 1095 MANJAPPA & ANR v. STATE OF KARNATAKA — Supreme Court of India (2010)

Old <-> New Code Mapping

• BNS §139 — Kidnapping or maiming a child for purposes of begging