Kidnapping or maiming a child for purposes of begging
AI Assist
Summary
Kidnapping or otherwise obtaining custody of a person under eighteen to make that child beg is punishable with rigorous imprisonment for at least ten years, up to life, and a fine. Maiming a child to make them beg carries imprisonment of at least twenty years up to life (meaning for the offender's natural life) and a fine. If a non-guardian employs a child for begging, the law presumes the custody was obtained for that purpose unless disproved. "Begging" covers soliciting alms in public or private, exposing wounds or deformity to get alms, or using a child as an exhibit.
Example
Rohan, not the boy's lawful guardian, takes a 9-year-old to a busy market and makes him beg while showing a fake wound to attract pity. Police can presume Rohan kidnapped the child unless he proves otherwise; he faces at least ten years' rigorous imprisonment and a fine, and if he had maimed the child the minimum sentence would be twenty years.
Bare Act
Enacted text(1) Whoever kidnaps any child below the age of eighteen years 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 below the age of eighteen years 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 below the age of eighteen years 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, forture-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 childas an exhibit for the purpose of soliciting or receiving alms.
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