139 BNS

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Introduction of Section 139 BNS

BNS Section 139 deals with the criminal acts of kidnapping or maiming a child for the purposes of begging. It addresses the severity of using children for begging, either by kidnapping them or by causing them physical harm. The section also clearly outlines the legal consequences for these actions, which include strict punishments.

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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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BNS 139 in Simple Points

1. Kidnapping for Begging: It is a crime to kidnap or unlawfully obtain custody of a child for the purpose of begging. The act is strictly prohibited under the law.
2. Maiming for Begging: Maiming a child to force them to beg is treated as an even more severe offense, with heavier punishments.
3. Presumption of Guilt: If someone uses a child for begging, it is presumed that they kidnapped or obtained the child unlawfully unless proven otherwise.
4. Definition of Begging: The section explains that begging includes asking for money through various means, such as singing, dancing, or using a child’s injury as a means of soliciting alms.
5. Severe Punishment: The law imposes rigorous imprisonment for such offenses, reflecting the gravity of exploiting children for begging.

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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

Section	Offense	Punishment	Cognizable/Bailable	Trial by
BNS 139(1)	Kidnapping a child for begging	Rigorous imprisonment (min. 10 years, up to life)	Cognizable, Non-bailable	Magistrate of the first class
BNS 139(2)	Maiming a child for begging	Imprisonment (min. 20 years, up to natural life)	Cognizable, Non-bailable	Court of Session

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BNS Section 139 FAQs

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