Bharatiya Nyaya Sanhita, 2023
BNS Section 139
Kidnapping or maiming a child for purposes of begging
In one line
BNS Section 139 deals with kidnapping or maiming a child for purposes of begging and replaces IPC 363A,.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 139(1) | Kidnapping a child for purposes of begging. | Rigorous imprisonment not be less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 139(2) | Maiming a child for purposes of begging. | Imprisonment not be less than 20 years which may extend to remainder of that person's natural life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 139
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.
What changed from the IPC
- IPC 363A, → BNS 139: The word "minor" is replaced by "child".
- IPC 363A, → BNS 139: The word "rigorous" is added.
- IPC 363A, → BNS 139: Imprisonment is extended up to life, i.e., imprisonment for the remainder of that person's natural life.
- IPC 363A, → BNS 139: The clause (b) of sub-section (4) definition is excluded.
Frequently asked
What was BNS Section 139 in the IPC?
BNS Section 139 (Kidnapping or maiming a child for purposes of begging) replaces Section 363A, of the Indian Penal Code, 1860. IPC 363A, is now BNS 139.
What is the punishment under BNS 139(1)?
Kidnapping a child for purposes of begging – Rigorous imprisonment not be less than 10 years but which may extend to imprisonment for life, and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 139(2)?
Maiming a child for purposes of begging – Imprisonment not be less than 20 years which may extend to remainder of that person's natural life, and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 139 bailable?
Non-bailable: BNS 139(1), 139(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 134 — Assault or criminal force in attempt to commit theft of property carried by a person
- BNS 135 — Assault or criminal force in attempt to wrongfully confine a person
- BNS 136 — Assault or criminal force on grave provocation
- BNS 137 — Kidnapping
- BNS 138 — Abduction
- BNS 140 — Kidnapping or abducting in order to murder or for ransom, etc
- BNS 141 — Importation of girl or boy from foreign country
- BNS 142 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- BNS 143 — Trafficking of person
- BNS 144 — Exploitation of a trafficked person