Section 76 of The Juvenile Justice (Care and Protection of Children) Act, 2015.
- (1)Whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees: Provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees.
- (2)Whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in subsection (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2: Provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the Committee for appropriate rehabilitation.
Summary
- It is a crime to employ or use any child for begging or to force a child to beg.
- The standard penalty for this is up to five years in jail and a one lakh rupee fine.
- If a person cuts off a child's limb or hurts them to make them a more effective beggar, the jail term is seven to ten years and the fine is five lakh rupees.
- Begging includes asking for money in public or entering private homes to ask for money under any excuse.
- It also includes showing wounds or sores to get people to give money.
- A guardian who helps with this crime is considered "unfit" and the child must be taken away and protected.
Practical examples
FAQ
1. What counts as "begging" under this Act?
As defined in Section 2, it includes asking for alms in public or private and exhibiting wounds or deformities to extort money.
2. What happens if a parent is the one forcing the child to beg?
They face the same five year punishment, and the child is removed from their care because they are deemed "unfit" to be a guardian.
Test yourself
Q1.Under Section 76 of The Juvenile Justice (Care and Protection of Children) Act, 2015, what is the punishment for maiming a child specifically for the purpose of begging?
Q2.According to Section 76 of The Juvenile Justice (Care and Protection of Children) Act, 2015, what is the legal status of the child who was caught begging?
Q3.Section 76 of The Juvenile Justice (Care and Protection of Children) Act, 2015, cross-references Section 2. Based on Section 2(8), which of these is considered begging?
Q4.Under Section 76 of The Juvenile Justice (Care and Protection of Children) Act, 2015, if a guardian abets the begging, they are deemed "unfit" under which part of the Act?