Section 139 BNS: Kidnapping or Maiming a Child for Purposes of Begging

Section 139 of the Bharatiya Nyaya Sanhita, 2023 (BNS) creates serious offences relating to the exploitation of children for begging. It covers kidnapping a child, obtaining custody of a child for that purpose, maiming a child so that the child may be used for begging, and a statutory presumption in certain cases where a non-guardian uses a child for begging.

The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, apart from the separately notified exception concerning Section 106(2), came into force on July 1, 2024.

Text and structure of Section 139 BNS

Section 139 - Kidnapping or maiming a child for purposes of begging.

Sub-section (1): Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child in order that the child may be employed or used for the purposes of begging is punishable with rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, and is also liable to fine.

Sub-section (2): Whoever maims any child in order that such child may be employed or used for the purposes of begging is punishable with imprisonment for a term not less than twenty years, which may extend to imprisonment for the remainder of that person's natural life, and with fine.

Sub-section (3): Where a person who is not the lawful guardian of a child employs or uses the child for begging, it shall be presumed, unless the contrary is proved, that the person kidnapped or otherwise obtained custody of the child for that purpose.

Sub-section (4): The section also defines the expression "begging" for the purposes of Section 139.

Section 139 BNS at a glance

Law Bharatiya Nyaya Sanhita, 2023
Section 139
Kidnapping or obtaining custody for begging Rigorous imprisonment of at least 10 years, which may extend to life imprisonment, and fine
Maiming a child for begging Imprisonment of at least 20 years, which may extend to imprisonment for the remainder of the offender's natural life, and fine
Statutory presumption Applies against a person who is not the lawful guardian and who employs or uses the child for begging, unless the contrary is proved
Defined term "Begging" is specifically defined in sub-section (4)

Kidnapping or obtaining custody of a child for begging

Section 139(1) covers two routes by which a child may come under the control of an offender for the purpose of begging:

  1. The child is kidnapped; or
  2. A person who is not the lawful guardian obtains custody of the child.

In either situation, the purpose must be that the child may be employed or used for begging. The provision therefore combines the manner in which custody is obtained with the exploitative purpose for which the child is to be used.

Punishment under Section 139(1)

The punishment is rigorous imprisonment for a term of not less than ten years. The sentence may extend to imprisonment for life, and the offender is also liable to fine.

Maiming a child for purposes of begging

Section 139(2) deals separately with maiming a child so that the child may be employed or used for begging. The punishment is substantially more severe than the punishment under sub-section (1).

The minimum term is twenty years. The sentence may extend to life imprisonment which, for this sub-section, expressly means imprisonment for the remainder of the offender's natural life. Fine is also mandatory as part of the punishment structure.

Statutory presumption under Section 139(3)

Section 139(3) creates an evidentiary presumption. Where a person who is not the lawful guardian of a child employs or uses that child for begging, the law presumes, unless the contrary is proved, that the person kidnapped or otherwise obtained custody of the child in order that the child might be used for begging.

This shifts the evidentiary position once the foundational fact stated in the provision is established, although the presumption is rebuttable because the statute expressly permits proof to the contrary.

Meaning of "begging" under Section 139(4)

For Section 139, "begging" includes the following:

  1. Soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks, selling articles or otherwise.
  2. Entering private premises for the purpose of soliciting or receiving alms.
  3. Exposing or exhibiting any sore, wound, injury, deformity or disease, whether of oneself, another person or an animal, with the object of obtaining or extorting alms.
  4. Using a child as an exhibit for the purpose of soliciting or receiving alms.

Meaning of lawful guardian

Section 139 uses the expression "lawful guardian." Section 137 BNS, which deals with kidnapping, explains that for kidnapping from lawful guardianship the expression includes any person lawfully entrusted with the care or custody of a child or other protected person.

The precise application of the expression in a Section 139 case depends on the facts concerning legal custody, care and guardianship.

Relationship with kidnapping under Section 137 BNS

Section 137 BNS defines kidnapping from India and kidnapping from lawful guardianship. Section 139 creates a more specific and much more serious offence where the kidnapping or obtaining of custody is connected with the purpose of employing or using a child for begging.

Relationship with abduction under Section 138 BNS

Section 138 BNS defines abduction as compelling a person by force, or inducing a person by deceitful means, to go from any place. Section 139, by contrast, is specifically directed at exploitation of a child for begging and carries its own severe punishment structure.

Legal note: Section 139 is a serious child-protection offence with mandatory minimum sentences. The exact sub-section attracted depends on whether the allegation concerns kidnapping or custody for begging, maiming, or use of a child for begging giving rise to the statutory presumption.

Related BNS provisions

Official legal sources

For authoritative statutory material, refer to India Code and the Ministry of Home Affairs portal for the Bharatiya Nyaya Sanhita, 2023 and the new criminal laws.