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

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Introduction of Section 139 BNS

139 BNS addresses one of the most heinous crimes—exploiting children for begging. It criminalizes both the kidnapping of children for the purpose of begging and the maiming of children to force them into begging activities. The law not only defines what constitutes kidnapping and maiming for begging but also prescribes severe punishments that can extend up to life imprisonment. By targeting those who exploit the most vulnerable members of society, this section acts as a powerful safeguard for children’s dignity, safety, and future.

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The Bharatiya Nyaya Sanhita (BNS) Section 139 replaces the old Indian Penal Code (IPC) Section 363-A.

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What is section 139 of BNS ?

BNS Section 139 defines two major crimes related to exploiting children for begging:

1. Kidnapping: Taking or obtaining a child unlawfully, specifically for the purpose of employing the child in begging.
2. Maiming: Inflicting severe physical harm on a child to force them into begging.

BNS Section 139 makes it illegal to kidnap or maim children with the intention of using them for begging. It covers both the act of taking custody of the child unlawfully and causing them physical harm to make them beg. It also defines what constitutes “begging” under the law.

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Under Section 139 of the bns act 2023

(1) Kidnapping for Begging:
Whoever kidnaps any child, or unlawfully obtains custody of any child, in order that such child may be employed or used for the purpose of begging, shall be punished with rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and shall also be liable to fine.

(2) Maiming a Child for Begging:
Whoever maims any child to employ them for begging, shall be punished with imprisonment for not less than twenty years, which may extend to imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

(3) Presumption of Guilt:
Where a child is found begging, any person who is in charge of or has custody of such child shall be presumed, unless proven otherwise, to have kidnapped or maimed the child for begging.

(4) Definition of Begging:
“Begging” includes—

• soliciting or receiving alms in a public place,
• using singing, dancing, fortune-telling, or performing tricks to get alms,
• exposing or exhibiting wounds, deformities, or injuries to obtain sympathy,
• employing a child in any such activity.

Key Elements of Section 139

Section 139 deals with child exploitation through begging.

• If a person kidnaps or unlawfully takes custody of a child to use them for begging → minimum 10 years in jail, may go up to life imprisonment, plus fine.
• If a person injures or maims a child so that the child appears pitiable and is forced to beg → minimum 20 years in jail, may extend to natural life imprisonment, plus fine.
• If a child is found begging, the law presumes that the person responsible for them is guilty of kidnapping or maiming for begging, unless they prove innocence.
• The law also gives a broad definition of begging to cover tricks, performances, or showing injuries as a way of soliciting alms.

Key Elements of Section 139

• Kidnapping for Begging → Taking a child away from parents/guardian to force begging.
• Maiming for Begging → Inflicting injuries/disabilities on a child to exploit sympathy.
• Presumption of Guilt → Custodian is assumed guilty if child is caught begging.
• Definition of Begging → Not just asking for money, but also using tricks, singing, dancing, or displaying injuries.
• Severe Punishments → 10 years to life for kidnapping; 20 years to natural life for maiming.
• Non-Bailable & Cognizable → Police can arrest without warrant, and bail is not easily granted.
• Jurisdiction → Kidnapping cases → Magistrate of First Class; Maiming cases → Court of Session.
• Objective → Protect children from exploitation and ensure strict punishment for offenders.

Examples to Understand Section 139

Example 1 (Kidnapping for Begging):
Ravi kidnaps a 10-year-old boy from his village and forces him to beg at traffic signals.
Punishment under Section 139(1): Minimum 10 years to life imprisonment + fine.

Example 2 (Maiming a Child):
A gang leader burns a child’s arm so that people feel sympathy and give money when the child begs.
Punishment under Section 139(2): Minimum 20 years, up to natural life imprisonment + fine.

Why Section 139 is Important

• Protects children from organized begging mafias.
• Ensures strict punishment for those exploiting or harming children.
• Expands definition of begging to include psychological and physical exploitation.
• Introduces presumption of guilt, making it easier to convict offenders.
• Sends a strong deterrent message that exploiting children for begging will not be tolerated.

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Section 139 BNS Overview

BNS Section 139 is a legal provision that addresses the crimes of kidnapping or maiming a child with the intent of using them for begging. It sets forth the legal definitions of these crimes and the severe punishments for those convicted.

BNS Section 139 Explained in 10 Key Points

1. Definition of Kidnapping: BNS Section 139 deals with the crime of kidnapping a child for the purpose of begging. This means taking a child away from their legal guardians to use them in begging activities.
2. Definition of Maiming: The section also covers the crime of maiming a child, which involves causing severe physical harm to a child to force them into begging.
3. Kidnapping from Lawful Guardianship: If a person unlawfully takes a child away from their lawful guardian, with the intention of using the child for begging, it is considered kidnapping under this section.
4. Kidnapping from India: It is also illegal to convey a child beyond the borders of India for the purpose of begging. This involves taking a child out of the country without proper consent.
5. Severity of Punishment for Kidnapping: Those convicted of kidnapping a child for begging can face rigorous imprisonment for a minimum of 10 years, and potentially for life. Additionally, they may be liable to pay a fine.
6. Severity of Punishment for Maiming: If a person maims a child for begging, they face an even harsher punishment. This includes imprisonment for at least 20 years, which can extend to life imprisonment.
7. Presumption of Guilt: If someone is found using a child for begging, it is presumed that they kidnapped or unlawfully obtained custody of the child unless they can prove otherwise.
8. Definition of Begging: Under this section, begging includes soliciting alms in public, performing tricks, using injuries to gain sympathy, or any act intended to get money through begging.
9. Non-Bailable Offense: The crimes outlined in BNS Section 139 are non-bailable, meaning the accused cannot obtain bail easily due to the seriousness of the offenses.
10. Jurisdiction for Trial: Kidnapping cases are handled by a Magistrate, while maiming cases are tried by a Court of Session due to the severity of the crime.

Two Simple Examples of BNS Section 139

1. Example 1:
   • A person kidnaps a child from a village and forces the child to beg on the streets by pretending to be homeless. The court convicts the person under Section 139 for kidnapping a child for begging.
2. Example 2:
   • An individual injures a child’s arm and makes the child beg at a marketplace, showing the injury to get more money from people. The individual is arrested and convicted for maiming the child for begging purposes.

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BNS 139 Punishment

1. Imprisonment for Kidnapping: Kidnapping a child for begging results in rigorous imprisonment for not less than 10 years, which may extend to life imprisonment.
2. Imprisonment for Maiming: Maiming a child for begging leads to imprisonment for not less than 20 years, which may extend to the remainder of the offender’s natural life, along with a fine.

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BNS 139 bailable or not ?

Non-bailable: Both kidnapping and maiming a child for begging are non-bailable offenses under this section.

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Bharatiya Nyaya Sanhita Section 139

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Comparison Table (BNS Section 139 vs IPC Provisions)

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BNS Section 139 FAQs

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Conclusion

139 BNS reflects India’s zero tolerance toward child exploitation. By prescribing rigorous punishments—10 years to life imprisonment for kidnapping, and 20 years to natural life imprisonment for maiming—this law sends a strong message against using children as tools for begging. It also introduces a presumption of guilt, ensuring offenders cannot easily escape liability. Overall, BNS Section 139 is not just about punishment, but also about protecting children’s fundamental rights and freedom from abuse.

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