Section 139 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 139 of the Bharatiya Nyaya Sanhita (BNS), 2023: Kidnapping or Maiming a Child for Purposes of Begging
Section 139 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the grave offenses of kidnapping or maiming a child with the intent to use them for begging. This provision aims to protect children from exploitation and abuse, ensuring stringent legal consequences for such actions.(ipclaws.in)
📜 Text of Section 139
Kidnapping a Child for Begging:
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.
Maiming a Child for Begging:
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.
Presumption Regarding Custody:
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.
Definition of "Begging":
In this section, “begging” means—
Soliciting or receiving alms in a public place, whether under the pretext of singing, dancing, fortune telling, performing tricks, or selling articles or otherwise;
Entering on any private premises for the purpose of soliciting or receiving alms;
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;
Using such child as an exhibit for the purpose of soliciting or receiving alms.
⚖️ Legal Implications
Punishments:
For Kidnapping a Child for Begging: Rigorous imprisonment for a term not less than ten years, which may extend to life imprisonment, and a fine.
For Maiming a Child for Begging: Imprisonment for a term not less than twenty years, which may extend to life imprisonment, and a fine.
Presumption of Kidnapping: If a person, not being the lawful guardian, uses a child for begging, there is a legal presumption that the person kidnapped or unlawfully obtained the custody of the child for this purpose, unless proven otherwise
Definition of Begging: The section provides a comprehensive definition of "begging," encompassing various forms of soliciting alms, including performing acts to elicit sympathy, entering private premises to beg, and using children as exhibits to solicit alms.
🧭 Comparison with Indian Penal Code (IPC)
Section 139 of the BNS corresponds to Section 363A of the Indian Penal Code (IPC), which also deals with the offenses of kidnapping or maiming a minor for the purposes of begging. Both provisions aim to protect children from exploitation and abuse, ensuring stringent legal consequences for such actions.(
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