BNS Section 139: Kidnapping Or Maiming a Child For Purposes of Begging
Section 139 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. This provision specifically targets individuals who exploit vulnerable children by either abducting or intentionally causing physical harm to them, forcing them into begging. By addressing such acts, Section 139 aims to protect the rights and dignity of children, ensuring their safety and welfare.
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.
Key Points in Section 139
- As per section 139 Kidnapping or taking a child (under 18) to use them for begging is a criminal offense
- Punishment for Kidnapping for Begging is upto 10 years to life imprisonment and a fine
- Maiming for Begging refers to inflicting physical harm or maiming a child to force them into begging is an offense
- Punishment for Maiming involves 20 years to life imprisonment and a fine
- If someone other than the lawful guardian uses a child for begging, it is presumed they kidnapped the child, unless proven otherwise
- Begging includes soliciting alms publicly, entering private premises, displaying injuries to elicit sympathy, or using a child for begging.
Differences Between Section 139 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 139 of the Bharatiya Nyaya Sanhita and its equivalent IPC section 363A, focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 139 | Kidnapping or maiming a child for purposes of begging. | 363A, | The word 'minor' is replaced by 'child'. The word 'rigorous' is added. Imprisonment is extended up to life, i.e.,imprisonment for the remainder of that person’s natural life. The clause (b) of sub-section (4) definition is excluded. |
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FAQs about Section 139 of the Bharatiya Nyaya Sanhita (BNS)
What is kidnapping under Section 139?
Kidnapping, under Section 139, involves taking a child who is below the age of 18 without the authority of law or with the child's consent and for begging. The provision gives strict punishment to those individuals exploiting children in such a manner.
What is the punishment for kidnapping for begging?
The punishment for kidnapping a child for begging includes rigorous imprisonment for a period ranging from 10 years to life imprisonment, along with a fine. This ensures that the severity of the crime is matched by strict legal consequences.
What does maiming for begging mean under Section 139?
Maiming for begging refers to physically injuring or deforming a child to use them for soliciting alms. This inhumane act is considered a grave offense under the BNS, reflecting society’s commitment to child protection.
What is the punishment for maiming a child under Section 139?
Maiming a child for begging is punishable by a minimum of 20 years of imprisonment, which may extend to life imprisonment for the offender's entire natural life, in addition to a fine, reflecting the seriousness of the crime.
How does Section 139 presume intent?
Section 139 presumes that if a person who is not the child's lawful guardian is using the child for begging, they kidnapped or obtained custody of the child for this purpose. The burden of proof shifts to the accused to disprove intent.
What is the definition of begging under Section 139?
Begging under Section 139 embraces soliciting alms in public or private areas, using performance or tricks, exhibiting injuries or deformities to gain sympathy and using children as tools to beg for alms. All such activities are well covered under this section.
