Section 139 BNS: Kidnapping or maiming a child for purposes of begging
Bharatiya Nyaya Sanhita, 2023
Section 139 BNS at a Glance
Section 139 BNS deals with kidnapping or maiming a child for purposes of begging. It replaced Section 363A IPC on 1 July 2024.
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.
Section 139 BNS Bare Act Text
(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.
Source: Section 139, Bharatiya Nyaya Sanhita, 2023
Section 139 BNS in the IPC (Previous Law)
Section 139 BNS replaced Section 363A IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 139 BNS
Does Section 139 BNS apply if a child is only made to beg, without kidnapping?▼
Yes. Under Section 139(1) BNS, a person who is not the lawful guardian commits an offence even by obtaining custody of a child in order that the child may be employed or used for begging. In addition, under Section 139(3) BNS, if a non-guardian employs or uses a child for begging, the law presumes that the person kidnapped or obtained custody of the child for that purpose unless the contrary is proved.
Under Section 139 BNS, is the offence bailable?▼
No. It is a cognizable and non-bailable offence. That means the police can register and investigate the case without a warrant, and bail is decided by the court.
Under Section 139 BNS, what if the child was not physically harmed?▼
Physical injury is not required for an offence under Section 139(1) BNS, which punishes kidnapping or obtaining custody of a child for the purpose of begging with rigorous imprisonment of ten years to life and fine. Where a child is maimed for the purpose of begging, the even stricter punishment under Section 139(2) BNS applies.
What changed when Section 139 BNS moved to BNS?▼
Section 139 BNS made major substantive changes compared to the earlier law. It replaced the gender-based definition of minor with the uniform term child (covering any person below 18 years of age), increased the punishment for kidnapping or obtaining custody for begging to rigorous imprisonment of not less than 10 years up to life with fine, and increased the punishment for maiming a child for begging to imprisonment of not less than 20 years up to life for the remainder of natural life with fine.
What does Section 139(2) BNS punish?▼
Section 139(2) BNS punishes maiming a child below the age of eighteen years in order that such child may be employed or used for the purposes of begging. The focus is not just the injury, but the purpose behind it, namely using the child for begging.
What has to be proved under Section 139(2) BNS?▼
It must be shown that the victim was a child below 18 years, that the child was maimed, and that this was done in order that the child may be employed or used for begging. The section also gives a wide meaning to begging, including soliciting alms in public, entering private premises for alms, exposing injuries or deformities to get alms, and using the child as an exhibit for alms.
What is the punishment for maiming a child for begging under Section 139(2) BNS?▼
The punishment is imprisonment of not less than twenty years, which may extend to life. The text says life here means imprisonment for the remainder of that person's natural life, and fine also applies.
How is Section 139(2) BNS different from kidnapping a child for begging?▼
Section 139(2) BNS deals with maiming a child below 18 for the purpose of begging. A closely related offence is in Section 139(1) BNS, which covers kidnapping a child below 18, or obtaining custody of the child without being the lawful guardian, in order that the child may be employed or used for begging.
What does Section 139(3) BNS say about using a child for begging?▼
Section 139(3) BNS creates a legal presumption. If a person who is not the lawful guardian employs or uses a child below 18 for begging, the law presumes that the person kidnapped the child or otherwise obtained the child's custody for that purpose, unless the contrary is proved.
What counts as 'begging' under Section 139 BNS?▼
Section 139 BNS gives a wide meaning to begging. It includes soliciting or receiving alms in public, entering private premises to ask for alms, showing wounds or deformities to obtain alms, and using a child as an exhibit for soliciting or receiving alms.
Under Section 139(3) BNS, what is the punishment if someone kidnaps a child for begging or maims a child for begging?▼
Section 139(3) BNS does not prescribe a separate punishment of its own, as it creates a presumption for the offence under Section 139(1) BNS. Under Section 139(1) BNS, kidnapping a child below 18 or obtaining custody of the child for begging is punishable with rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and the offender shall also be liable to fine. Under Section 139(2) BNS, maiming a child for begging is punishable with imprisonment of not less than twenty years, which may extend to life for the remainder of that person's natural life, and with fine.
What should I do if I see a child being used for begging, or if I am accused under Section 139(3) BNS?▼
If you see a child being used for begging, report it to the police at once and give clear details about the child, the location, and the person using the child. If you are accused under Section 139(3) BNS, the section says a presumption can arise against a non-guardian using the child for begging, so you should get legal advice quickly and preserve any material that shows the true facts.
What counts as "begging" under Section 139(4) BNS?▼
Section 139(4) BNS gives a wide meaning to begging. It includes asking for or receiving alms in a public place, even under pretence of singing, dancing, fortune-telling, doing tricks or selling articles, entering private premises to ask for alms, exposing wounds or deformities to get alms, and using a child as an exhibit to ask for alms.
Is using a child to seek alms treated as begging under Section 139 BNS?▼
Yes. The section specifically says that using a child as an exhibit for soliciting or receiving alms is begging under Section 139(4) BNS. This definition is important for offences under Section 139 involving kidnapping, obtaining custody, or maiming a child for that purpose.
What has to be shown for an offence under Section 139 about child begging?▼
The text covers kidnapping a child below eighteen years, or obtaining custody of such child without being the lawful guardian, in order that the child may be employed or used for begging. It also separately covers maiming a child below eighteen years for that purpose. Under Section 139(3) BNS, if a person who is not the lawful guardian employs or uses such a child for begging, the law presumes that the person kidnapped or obtained custody of the child for that purpose unless the contrary is proved.
What punishment is given for kidnapping or maiming a child for begging under Section 139 BNS?▼
Section 139(4) BNS is a definition sub-section and prescribes no punishment of its own. Under Section 139(1) BNS, for kidnapping a child below eighteen years, or obtaining custody of the child without being the lawful guardian, in order to use the child for begging, the punishment is rigorous imprisonment of not less than ten years which may extend to imprisonment for life, and the offender shall also be liable to fine. Under Section 139(2) BNS, for maiming a child below eighteen years for begging, the punishment is imprisonment of not less than twenty years, which may extend to life, meaning imprisonment for the remainder of that person's natural life, and with fine.
Section 139 BNS: Sub-sections Explained
Section 139(1) BNS: Kidnapping or maiming a minor for purposes of begging
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Bare Act Text
(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.
Explained in Simple Words
Section 139 BNS deals with kidnapping, obtaining custody of, or maiming a child for the purposes of begging. Under sub-section (1), whoever kidnaps any child or, not being the lawful guardian, obtains custody of the child in order that the child may be employed or used for begging faces rigorous imprisonment for not less than ten years, extending up to imprisonment for life, and fine. Under sub-section (2), whoever maims any child so that the child may be employed or used for begging faces imprisonment for not less than twenty years, extending to life for the remainder of that person's natural life, and fine.
Sub-section (3) creates a legal presumption where any person who is not the lawful guardian employs or uses a child for begging: unless the contrary is proved, it is presumed that the person kidnapped or otherwise obtained custody of the child for that purpose. Sub-section (4) defines begging broadly to include soliciting or receiving alms in public places or private premises, exposing sores or deformities to obtain alms, and using a child as an exhibit for alms.
Key Ingredients
- 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
Punishment
🔒 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.
💰 Liable to fine under both sub-sections
Section 139(1) BNS punishes kidnapping or obtaining custody of a child for begging with rigorous imprisonment of not less than ten years, extending to imprisonment for life, and fine. Section 139(2) BNS punishes maiming a child for begging with imprisonment of not less than twenty years, extending to imprisonment for the remainder of that person's natural life, and fine. Both offences are cognizable, non-bailable, not compoundable, and triable by the Court of Session.
Real-World Example
When This Does Not Apply
- A lawful guardian cares for their child without employing or using them for begging
- Custody is obtained for educational or domestic care without any connection to begging
- An adult person of full age engages voluntarily in begging without kidnapping or maiming
- A child is kidnapped for another specific unlawful purpose such as ransom without any intent to employ them in begging
Previous Law
IPC 363A → Section 139(1) BNS
Section 363A IPC corresponds to Section 139(1) 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(1) 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.
Section 139(2) BNS: Kidnapping or maiming a child for purposes of begging
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Bare Act Text
(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.
Explained in Simple Words
Section 139(2) of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who maims a child so that the child may be employed or used for begging. It applies to any person, whether a stranger or a lawful guardian, because unlike sub-sections (1) and (3), this sub-section does not exclude lawful guardians. The key requirement is that the maiming is done in order that the child may be employed or used for the purposes of begging.
A person convicted under Section 139(2) BNS is punishable with imprisonment for a term which shall not be less than twenty years, but which may extend to life, and with fine. The sub-section expressly states that life imprisonment here means imprisonment for the remainder of that person's natural life, and the fine is mandatory in addition to imprisonment.
For this section, Section 139(4) BNS gives begging a wide meaning. It includes soliciting or receiving alms in a public place even under the pretence of singing, dancing, fortune telling, performing tricks, or selling articles, entering private premises to seek alms, exposing any sore, wound, injury, deformity, or disease to obtain or extort alms, and using the child as an exhibit for alms.
Key Ingredients
- The victim is a child below eighteen years
- The accused maimed that child
- The maiming was done in order that the child may be employed or used for begging
Punishment
🔒 Imprisonment for a term of not less than twenty years, which may extend to life, meaning imprisonment for the remainder of that person's natural life.
💰 The offender shall also be punished with fine in addition to imprisonment.
Maiming any child in order that the child may be employed or used for begging is punishable with imprisonment of not less than twenty years and up to life (for the remainder of the offender's natural life), and with fine.
Real-World Example
When This Does Not Apply
- A child below eighteen is injured in a road accident, with no purpose of using the child for begging
- A child is asked to sing or sell small items in public, but there is no maiming of the child
- An adult aged eighteen or above is injured and then used for collecting alms
- A child has a natural deformity and is taken out in public, but there is no proof that anyone maimed the child for begging
Previous Law
IPC 363A(2) → Section 139(2) BNS
The substance changed in two clear ways in Section 139(2) BNS. First, it now refers to “any child” (defined in Section 2(3) BNS as any person below the age of eighteen years) instead of a “minor” in Section 363A(2) IPC, and second, the punishment is made more specific and stricter: instead of only imprisonment for life and fine, it now provides imprisonment of not less than twenty years, which may extend to life, with life expressly meaning imprisonment for the remainder of that person's natural life, and with fine.
Section 139(3) BNS: Kidnapping or maiming a child for purposes of begging
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Bare Act Text
(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.
Explained in Simple Words
Section 139(3) of the Bharatiya Nyaya Sanhita (BNS) sets out an evidentiary presumption in cases where a child is used for begging. It applies to any person who is not the lawful guardian of a child and who employs or uses that child for the purposes of begging. When those facts are shown, the court must presume that the person kidnapped the child or otherwise obtained custody of the child so that the child might be employed or used for begging.
This sub-section is a rule of presumption and prescribes no separate punishment of its own. Instead, once the presumption applies, it supports the offence under Section 139(1) BNS, where kidnapping or obtaining custody of a child for begging carries rigorous imprisonment of at least ten years and up to life, and the offender is also liable to fine.
Two limits in the enacted text are important for readers. First, the presumption applies only against a person who is not the child's lawful guardian. Second, the presumption is rebuttable because the sub-section says unless the contrary is proved, meaning the accused can present evidence to disprove that the child was kidnapped or taken into custody for begging.
Key Ingredients
- The child is below eighteen years of age
- The person is not the lawful guardian of the child
- The person employs or uses the child for the purposes of begging
- The begging falls within the statutory meaning, such as soliciting or receiving alms in public or private places
- If these facts are shown, a presumption arises that the person kidnapped or otherwise obtained custody of the child for begging, unless the contrary is proved
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
This sub-section prescribes no separate punishment and instead creates a rebuttable presumption that a non-guardian who employs or uses a child for begging kidnapped or obtained custody of the child for that purpose under Section 139(1) BNS.
Real-World Example
When This Does Not Apply
- A lawful guardian uses his own child for begging, because this sub-section applies only where the person is not the lawful guardian
- The person uses someone who is eighteen years old or above for begging, because the child must be below eighteen years
- A child sells goods or performs in public for wages without soliciting or receiving alms, so the statutory meaning of begging is not met
- A non-guardian is merely present with a child in a public place, but there is no employment or use of the child for soliciting or receiving alms
Previous Law
IPC 363A(3) → Section 139(3) BNS
Section 139(3) BNS keeps the same presumption as Section 363A(3) IPC, but updates the wording from “minor” to “child” and from “that minor” to “such child”. Because Section 2(3) BNS defines a child as any person below the age of eighteen years, the provision now applies uniformly to all children below eighteen rather than using gender-based age limits. The rest of the rule remains the same: if a person who is not the lawful guardian employs or uses the child for begging, it is presumed, unless proved otherwise, that the person kidnapped or otherwise obtained custody of the child for that purpose.
Section 139(4) BNS: Meaning of "begging"
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Bare Act Text
(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.
Explained in Simple Words
Section 139(4) of the Bharatiya Nyaya Sanhita (BNS) defines the term begging for the entire section on kidnapping, obtaining custody of, or maiming a child for begging. It applies whenever a court determines whether a child was employed or used for begging under sub-sections (1), (2), or (3) of Section 139 BNS. Because Section 139(4) BNS is a definition sub-section, it prescribes no punishment of its own.
The sub-section lists four forms of conduct that count as begging. First, it covers soliciting or receiving alms in a public place, even if done under the pretence of singing, dancing, fortune telling, performing tricks, selling articles, or otherwise. Second, it covers entering on any private premises for the purpose of soliciting or receiving alms.
Third, begging includes exposing or exhibiting any sore, wound, injury, deformity, or disease, whether of the person himself, of any other person, or of an animal, with the object of obtaining or extorting alms. Fourth, it includes using such child as an exhibit for the purpose of soliciting or receiving alms, so the child need not personally ask for alms.
Key Ingredients
- Soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks, selling articles, or otherwise
- Entering on any private premises for the purpose of soliciting or receiving alms
- Exposing or exhibiting any sore, wound, injury, deformity, or disease of oneself, another person, or an animal with the object of obtaining or extorting alms
- Using such child as an exhibit for the purpose of soliciting or receiving alms
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
This sub-section defines the term begging for Section 139 BNS and prescribes no separate punishment.
Real-World Example
When This Does Not Apply
- A lawful guardian takes their own child along while street singing, without soliciting or receiving alms
- A child sells flowers or small items near a signal, but there is no soliciting or receiving of alms
- An adult above eighteen is used for begging
- A child is taken away for forced labour or other exploitation not shown to be for begging
Previous Law
IPC 363A(4) → Section 139(4) BNS
There is a material change in Section 139(4) BNS. Section 363A(4) IPC defined both “begging” and “minor”, with “minor” meaning a male under sixteen years and a female under eighteen years, whereas Section 139(4) BNS now defines only “begging” because Section 139(4) uses the term “child”, which is defined in Section 2(3) BNS as any person below the age of eighteen years. The acts covered under “begging” are otherwise substantially the same, though clause (iv) now says using “such child” as an exhibit instead of using a “minor” as an exhibit.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·