Kidnapping or maiming a child for purposes of begging

What this section does

Punishes kidnapping or obtaining custody of a child for the purpose of using the child for begging, and separately punishes maiming a child for the same purpose. A statutory presumption operates against any non-guardian found employing a child for begging. The section also defines 'begging' exhaustively.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-section (1): Rigorous imprisonment not less than 10 years and up to life, plus fine. Sub-section (2): Imprisonment not less than 20 years and up to life (remainder of natural life), plus fine.

Triable by

Sessions Court

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. For sub-section (1): The accused kidnapped a child or, not being the lawful guardian, obtained custody of the child; the purpose was to employ or use the child for begging
2. For sub-section (2): The accused maimed a child; the purpose was to employ or use the child for begging
3. For sub-section (3): A person not being the lawful guardian employs or uses a child for begging — a presumption arises that custody was obtained for that purpose unless the contrary is proved

Derived from IPC s.363A.