REPORT BY THE SUB-COMMITTEE ON UNCRC 63 Court shall also try an offence [other than the said to kidnap such minor or person from lawful order that the minor might be employed or used for offence referred to in sub-section (1)], with which Guardianship. the purposes of begging. the accused may, under the Code of Criminal Explanation- The words "lawful guardian" in this (4) In this section,- Procedure, 1973, be charged at the same trial. section include any person lawfully entrusted with (a) "begging," means- 3. The Special Court constituted under this Act, the care of custody of such minor or other person. (i) soliciting or receiving, alms in a public place, notwithstanding anything in the Information Explanation- This section does not extend to the act whether under the pretence of singing, dancing, Technology Act, 2000, shall have jurisdiction to try of any person who in good faith believes himself fortune-telling, performing tricks or selling articles offences under section 67B of that Art in so far as to be the father of an illegitimate child, or who in or otherwise; it relates to publication or transmission of sexually good faith believes himself to be entitled to lawful (ii) entering on any private premises for the purpose explicit material depicting children in any act, or custody of such child, unless such act is committed of soliciting or receiving alms; conduct or manner or facilitates abuse of children for an immoral or unlawful purpose (iii) exposing or exhibiting, with the object of online. obtaining or extorting alms, any sore, wound, 83 81 Section 29 of POCSO Act,2012: Presumption as to certain offences- Where a person is prosecuted for committing or abetting or attenuating to commit any offence under sections 3,5,7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved. Section 363A of Indian Penal Code,1860: Kidnapping or maiming a minor for purposes of begging (1) Whoever Kidnap 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 purpose 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. 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. (2) Whoever maims any minor in order that such 82 Section 361 of Indian Penal Code,1860: Kidnapping minor can be employed or used for the purposes of 84 366A of Indian Penal Code, 1860: Procuration of from lawful guardianship begging shall be punishable with imprisonment for minor girl Whoever takes or entices any minor under life, and shall also be liable to fine. Whoever, by any means whatsoever, induces any 155[sixteen] years of age if a male, or under (3) Where any person, not being the lawful guardian minor girl under the age of eighteen years to go 156[eighteen] years of age if a female, or. any of a minor, employs or uses such minor for the from any place or to do any act with intent that person of unsound mind, out of the keeping of the purposes of begging, it shall be presumed, unless such girl may be, or knowing that it is likely that lawful guardian of such minor or person of unsound the contrary is proved, that he kidnapped or she will be, forced or seduced to illicit intercourse mind, without the consent of such guardian, is otherwise obtained the custody of that minor in with another person shall be punishable with