Legal Provisions of Section 363A of Indian Penal Code, 1860.
Kidnapping or maiming a minor for purposes of begging:
The section punishes kidnapping or maiming a minor for the purpose of begging. Clause (1) of this section says that whoever kidnaps any minor, or if he is not the lawful guardian of the minor obtains the minor’s custody, in order that such minor may either be employed or used for the purposes of begging, shall be punishable with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. According to clause (2) of the section, whoever maims any minor in order that such minor may either be employed or used for the purpose of begging shall be punishable with imprisonment for life, and shall also be liable to fine. Clause (3) of the section states that where a person who is not the lawful guardian of a minor either employs or uses such minor for the purposes of begging, in the absence of proof to the contrary it shall be presumed that he either kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. Clause 4 (a) of the section defines ‘begging’ and says that ‘begging’ means (i) either soliciting or receiving alms in a public place, whether under the pretense of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise, (ii) entering on any private premises for the purposes of either soliciting or receiving alms; (iii) 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; (iv) using a minor as an exhibit for the purpose of either soliciting or receiving alms. Clause 4 (b) of the section defines minor and says that a ‘minor’ means (i) a boy under sixteen years of age and (ii) a girl under eighteen years of age.
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ADVERTISEMENTS:
This section was inserted by Act LII of 1959 primarily with the object of putting down effectively the evil of kidnapping of children for exploiting them for begging and for the greater evil of maiming them so as to make them objects of pity. The punishment prescribed in the case of the former is quite severe and that in case of the latter is very severe as can be seen under the first two clauses of the section.
The presumption against any person, not being the lawful guardian of a minor, employing or using such minor for the purposes of begging, as stated in the third clause of this section is quite strong as is apparent from the language used in the clause. The definition of ‘begging’ under clause 4 (a) Is quite wide and it covers almost all the important areas which are needed to be covered.
The offence under section 363-A is cognizable, non-bailable and non-compoundable, and is triable by court of session.