Kidnapping or maiming a child for purposes of begging
Section 139 of the Bharatiya Nyaya Sanhita, 2023 deals with kidnapping or maiming a child for purposes of 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 ext The Act came into force on 01 Jul 2024.
(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.
Section 139, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 363A Kidnapping or maiming a minor for purposes of begging Close, with changes 82%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Kidnapping a child for purposes of begging. | Rigorous imprisonment not be less than 10 years but which may extend to imprisonment for life, and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| Maiming a child for purposes of begging. | Imprisonment not be less than 20 years which may extend to remainder of that person's natural life, and fine. | Cognizable. | Non-bailable. | Court of Session. |
Questions about Section 139
What does Section 139 of the Bharatiya Nyaya Sanhita deal with?
Section 139 of the Bharatiya Nyaya Sanhita is headed "Kidnapping or maiming a child for purposes of 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 ext
Is Section 139 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 139 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 139 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 139, section 139 BNS, section 139 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 139 2 in hindi and bns 139 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 139 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 363A (Kidnapping or maiming a minor for purposes of begging), so the judgments decided under that provision are the case law on this one.
When did Section 139 of the Bharatiya Nyaya Sanhita come into force?
Section 139 of the Bharatiya Nyaya Sanhita, cited as BNS 139, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.