BNS Section 139: Kidnapping Or Maiming a Child For Purposes of Begging

Definition of BNS Section 139

Section 139 of the BNS 2023 States:

(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

Explanation and Illustration of BNS Section 139

Section 139 of the Bharatiya Nyaya Sanhita, 2023. Kidnapping or maiming a child for begging is a serious offence. This section criminalises acts where one kidnaps a child below eighteen years of age or, not being the lawful guardian, acquires custody of such a child with the intention of using such a child for begging purposes.

The law has drastic punishments in store for such exploitation. It provides for a term of rigorous imprisonment for not less than ten years, which may extend to imprisonment for life along with a fine. Furthermore, if a person maims a child for the purpose of begging, the punishment is enhanced to imprisonment of not less than twenty years, which may extend to imprisonment for the rest of that person's natural life, along with a fine.

The section also introduces a presumption clause: if a person, not being the lawful guardian, employs or uses a child for begging, it is presumed, unless proved to the contrary, that he has kidnapped or obtained custody of the child wrongfully for that purpose. Begging' is defined to include soliciting or collecting alms in a public place under any pretext or under the pretenses of entering private premises for soliciting alms or making an exhibition of any deformity or disease for the purpose of soliciting alms. The expansion of the definition ensures that all child exploitation involving begging is considered in one offense.

Illustration 1:

Imagine that Person A abducts a 12-year-old neighbor with the purpose of coercing the child into street begging. A compels the child to request alms at road intersections under threat of violence if the amount brought home daily is not satisfactory. Here, A commits the crime of kidnapping a child with the intention to beg and therefore A would come under Section 139 of BNS and he is liable which punishment would lie between ten years imprisonment to imprisonment for life and a fine.

Illustration 2:

Here, Individual B, who, to elicit more sympathy among the people, intentionally disfigures a 10-year-old child by giving some injuries so that there is considerable deformity. B compels the child to solicit alms in public places and uses the condition of the child to collect more alms.

In this context, B's act of disabling the child for begging incurs a more severe punishment under Section 139, wherein imprisonment shall not be less than twenty years and which may extend to imprisonment for life, together with fine.

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