Section 139 BNS: Kidnapping or Maiming a Child for Purposes of Begging (Formerly Section 363A IPC)

Section 139 of Bharatiya Nyaya Sanhita: Kidnapping or Maiming a Child for Purposes of Begging

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 139

Section 139 penalizes kidnapping or maiming a child for the purpose of begging, prescribing imprisonment of not less than seven years extending up to ten years for kidnapping, and imprisonment of not less than twenty years extending up to natural life for maiming.

Begging Exploitation Nexus: Kidnapping a child under eighteen with intent to employ or use the child in begging.
Extreme Penalty for Maiming: Maiming (blinding, amputating limbs) a child for begging carries a mandatory minimum sentence of TWENTY years extending to imprisonment for the remainder of natural life, and fine.
Statutory Presumption Against Maimers: Anyone who is not the parent and maims a child in their custody is statutorily presumed to have maimed the child for begging.

Key Landmark Precedents:

Gaurav Jain v. Union of India (1997) 8 SCC 114: The Supreme Court condemned organized child begging syndicates, affirming that maiming children for commercial begging warrants extreme statutory punishment under Section 363A IPC (Section 139 BNS).
Independent Thought v. Union of India (2017) 10 SCC 800: Highlighted child protection imperatives under fundamental rights, directing strict enforcement of anti-maiming provisions.

Courtroom Practice & Strategic Litigation Guidance:

In anti-begging cartel raids, invoke the statutory presumption under Section 139(4) BNS: if a non-parent is found with a mutilated child begging at traffic intersections, unlawful exploitation intent is legally presumed, placing the entire burden of proof on the accused.

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

Section 139 of Bharatiya Nyaya Sanhita: Kidnapping or Maiming a Child for Purposes of Begging

Legal Commentary & Landmark Judgments: Section 139