BNS Section 139 – Kidnapping or maiming a child for purposes of begging

IPC Section – 363A

Cognizable offence
(1) If kidnapping is for begging, punishable with
rigorous imprisonment not less than ten years but
which may extend to imprisonment for life, and
fine.
(2) If kidnapping for maiming and begging, punishable
with imprisonment not be less than 20 years which
may extend to remainder of that person’s natural
life, and fine.

(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.

Kidnapping or Maiming a Child for Begging

1. Kidnapping or Custody for Begging (Clause 1)

• Offence: Kidnapping or obtaining custody of a child under 18 years for the purpose of using them in begging.
• Punishment:
  • Rigorous Imprisonment: Not less than 10 years, which may extend to life imprisonment.
  • Fine: A monetary penalty may also be imposed.
• Type of Offence:
  • Cognizable: Police can arrest without a warrant.
  • Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Magistrate of the first class.

2. Maiming for Begging (Clause 2)

• Offence: Maiming or physically injuring a child to use them for begging.
• Punishment:
  • Imprisonment: Not less than 20 years, which may extend to life imprisonment (entire natural life).
  • Fine: A monetary penalty may also be imposed.

3. Presumption of Intent (Clause 3)

• If a person, who is not the lawful guardian, uses a child for begging, it is presumed that they kidnapped or obtained the child for that purpose unless proven otherwise.

4. Definition of Begging (Clause 4)

Begging includes:

• Soliciting alms in public, including through performance or trickery.
• Entering private premises to beg.
• Exhibiting injuries or deformities (of self or others) to gain sympathy for alms.
• Using a child as a tool to solicit alms.

Summary of the Offence

5. Purpose of the Law

• The law aims to protect children from being exploited for begging.
• It imposes strict penalties to deter such heinous acts and ensure the safety and welfare of children.

New chat