IPC 363A to BNS 139: Kidnapping or maiming a minor for purposes of begging

Section 363A IPC (1860) replaced by Section 139 BNS (2023)

View IPC Section 363A →View BNS Section 139 →

IPC 363A to BNS 139 at a Glance

Section 363A IPC (Kidnapping or maiming a minor for purposes of begging) is now Section 139 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 363A to BNS 139?

Section 363A IPC corresponds to Section 139 BNS. The terminology is modernized by replacing the gender-divided age limits with the uniform term child, covering all individuals under eighteen years of age. Punishments are significantly enhanced under Section 139 BNS: kidnapping or obtaining custody for begging now carries rigorous imprisonment of not less than ten years extending up to life imprisonment under sub-section 1, while maiming for begging carries imprisonment of not less than twenty years extending to natural life and a mandatory fine under sub-section 2.

IPC 363A vs BNS 139: Comparison Table

Aspect	IPC 1860 (repealed)	BNS 2023 (in force)
Section	363A	139
Offence	Kidnapping or maiming a minor for purposes of begging	Same
Punishment	Under sub-section 1, imprisonment of either description for a term extending up to ten years for kidnapping or obtaining custody for begging. Under sub-section 2, imprisonment for life where the person is maimed for begging.	Under Section 139(1) BNS, rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life. Under Section 139(2) BNS, 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.
Fine	Liable to fine under both sub-sections	Same
Bail	Non-Bailable	Same
Cognizance	Cognizable	Same
Compoundable	Non-Compoundable	Same
Triable By	Magistrate of the first class for sub-section 1; Court of Session for maiming under sub-section 2	Same

IPC 363A and BNS 139: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 363A, IPC 1860

363A. Kidnapping or maiming a minor for purposes of begging.—(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. (3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. (4) In this section,— (a) "begging" means— (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, 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 a minor as an exhibit for the purpose of soliciting or receiving alms; (b) "minor" means— (i) in the case of a male, a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen years of age.

BNS 2023 (in force)

Section 139, BNS 2023

(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.

Ingredients: IPC 363A vs BNS 139

Under IPC 363A

Kidnapping a minor (a male under sixteen years of age or a female under eighteen years of age) or obtaining their custody without being the lawful guardian
Or maiming such a person
The act was committed in order that the victim may be employed or used for begging
Begging comprises soliciting or receiving alms in public, entering private premises for alms, exhibiting injuries, or using the victim as an exhibit

Under BNS 139

Kidnapping or obtaining custody of a child under eighteen years of age for begging carries rigorous imprisonment of not less than ten years up to life under sub-section 1 of Section 139 BNS
Maiming a child for begging carries imprisonment of not less than twenty years up to remainder of natural life with mandatory fine under sub-section 2 of Section 139 BNS
Retention of the statutory presumption against non-guardians employing children for begging under sub-section 3 of Section 139 BNS
Application of the comprehensive definition of begging under sub-section 4 of Section 139 BNS

What IPC 363A to BNS 139 Means for Pending Cases

For Section 363A IPC (now Section 139 BNS): under Section 139 BNS, the punishments rise to rigorous imprisonment of not less than ten years for kidnapping or obtaining custody, and not less than twenty years for maiming, and the offence covers any child below eighteen years of age. A charge for an act done after the BNS came into force cites Section 139 BNS.

FAQs: IPC 363A to BNS 139

What changed between Section 363A IPC and Section 139 BNS?▼

Section 139 BNS substantially enhances punishments by prescribing a minimum term of ten years rigorous imprisonment extending to life under sub-section 1, and a minimum of twenty years extending to natural life with mandatory fine under sub-section 2. It also replaces the former gender-differentiated age limits with the uniform term child.

Where is Section 363A IPC placed in the Bharatiya Nyaya Sanhita?▼

Section 363A IPC is codified as Section 139 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.

Does Section 363A IPC or Section 139 BNS apply to an act done before 1 July 2024?▼

Section 363A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 363A IPC. Section 139 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·