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

Section 139 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping or maiming a child for purposes of begging. It replaces IPC 363A of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 139(1) is cognizable and non-bailable; 139(2) is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable 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.CognizableNon-bailableMagistrate 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.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 139

139. (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;

Assault or criminal force on grave provocation.

Kidnapping.

Abduction.

Kidnapping or maiming a child for purposes of begging.

Kidnapping or abducting in order to murder or for ransom, etc.

Importation of girl or boy from foreign country.

Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

Trafficking of person.

(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.

IPC sections replaced

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