INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
363A. Kidnapping or maiming a minor for purposes of begging.
139. Kidnapping or maiming a child for purposes of begging.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
Kidnapping or maiming a minor for purposes of begging.
2*[363A. Kidnapping or maiming a minor for purposes of
begging.--(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.]
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
139. Kidnapping or maiming a child for purposes of begging.—(1) Whoever kidnaps any child or,
not being the lawful guardian of such child, obtains the custody of the child, in order that such child may
be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also
be liable to fine.
(2) Whoever maims any child in order that such child may be employed or used for the purposes of
begging shall be punishable with imprisonment which shall not be less than twenty years, but which may
extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with
fine.
(3) Where any person, not being the lawful guardian of a child employs or uses such child for the
purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise
obtained the custody of such child in order that such child might be employed or used for the purposes of
begging.
(4) In this section “begging” means—
(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing,
fortune telling, 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 such child as an exhibit for the purpose of soliciting or receiving alms.
Current law India Code — BNS 2023