Kidnapping or maiming a minor for purposes of begging
Section 363A of the Indian Penal Code, 1860 deals with kidnapping or maiming a minor for purposes of begging. 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) 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.
(2) 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.
(3) 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.
(4) In this section,-
(a) "begging" means-
(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of 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 soliciting or receiving alms;
(b) "minor" means-
(i) in the case of a male, a person under sixteen years of age; and
(ii) in the case of a female, a person under eighteen years of age.]
Section 363A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 139 Kidnapping or maiming a child for purposes of begging Close, with changes 82%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Raziya vs The State of Kerala
Court's Decision & Legal Precedent
When an accused kidnaps a child from lawful guardianship with the intent to employ the child for begging, and the evidence clearly establishes the participation of both accused in the kidnapping and employment of the child for begging, the conviction under Section 363A IPC and Section 24 of the Juvenile Justice Act, 2000 is justified. The sentence for such offences should be proportionate to the gravity of the offence, with consideration given to the role and culpability of each accused. A sentence of rigorous imprisonment for 10 years for the primary perpetrator (who is blind and engaged in begging) is appropriate, while a sentence of 5 years for the co-accused (spouse) may be more proportionate considering the facts and circumstances.
On this section: Kidnapping from lawful guardianship - Applied to establish that both appellants kidnapped the 11-year-old girl from her lawful guardians (parents) with intent to employ her for begging
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Prabhawati @ Jhinki Devi vs State of U.p.
Court's Decision & Legal Precedent
When a similarly placed co-accused with an identical role in the same criminal case has been granted bail by the same court, the principle of parity requires that another co-accused in the same case should also be granted bail, subject to appropriate conditions to ensure trial compliance and witness protection.
On this section: Kidnapping charge against the applicant; cited as basis for criminal case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 363A
What have the courts held on Section 363A of the Indian Penal Code?
Raziya vs The State of Kerala (22 Jan 2015) is the leading judgment on this section among those set out below: Kidnapping from lawful guardianship - Applied to establish that both appellants kidnapped the 11-year-old girl from her lawful guardians (parents) with intent to employ her for begging. Another 1 judgment on this section is set out below. They run from 2015 to 2022.
How do I find court cases under Section 363A of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 363A, section 363A IPC, section 363A of the Indian Penal Code. People searching for it also type 363a ipc in bns and 363a ipc punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raziya vs The State of Kerala (22 Jan 2015).
What should I read with Section 363A of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 139 (Kidnapping or maiming a child for purposes of begging), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 363A of the Indian Penal Code come into force?
Section 363A of the Indian Penal Code, cited as IPC 363A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.