BNS Section 139 — Kidnapping or maiming a child for purposes of begging

Summary

Sub-section (1) deals with kidnapping a child or, if you are not the child's lawful guardian, taking custody of the child, with the intention that the child be used for begging. The punishment for this is rigorous imprisonment for at least ten years, which can extend to imprisonment for life, and a fine is also mandatory.

Sub-section (2) deals with maiming a child, meaning causing a physical injury or disfigurement, with the intention that the child be used for begging. The punishment here is imprisonment for at least twenty years, which can extend to imprisonment for the rest of the person's natural life, and a fine is also mandatory.

Sub-section (3) creates a legal presumption. If a person who is not the lawful guardian of a child employs or uses that child for begging, the law presumes, unless the person proves otherwise, that they kidnapped or otherwise obtained custody of the child for the purpose of using the child in begging.

Sub-section (4) defines what "begging" means for this section. It includes: (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks, selling articles, or in any other way; (ii) entering any private premises to solicit or receive alms; (iii) exposing or exhibiting any sore, wound, injury, deformity, or disease, whether of oneself or of another person or of an animal, with the object of obtaining or extorting alms; and (iv) using such a child as an exhibit for the purpose of soliciting or receiving alms.

Official 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.522 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §363A — Kidnapping or maiming a child for purposes of begging