Section 139 BNS: Kidnapping Or Maiming A Child For Purposes Of Begging

Table of Contents

Section 139 BNS | BNS 139

139(1) BNS

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.

139(2) BNS

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.

139(3) BNS

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.

139(4) BNS

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.

READ OTHER SECTIONS OF CHAPTER VI — OF OFFENCES AFFECTING THE HUMAN BODY

Section No.	Section Title
	Of Offences Affecting Life
100	Culpable homicide.
101	Murder.
102	Culpable homicide by causing death of person other than person whose death was intended.
103	Punishment for murder.
104	Punishment for murder by life-convict.
105	Punishment for culpable homicide not amounting to murder.
106	Causing death by negligence.
107	Abetment of suicide of child or person of unsound mind.
108	Abetment of suicide.
109	Attempt to murder.
110	Attempt to commit culpable homicide.
111	Organised crime.
112	Petty organised crime.
113	Terrorist act.
	Of Hurt
114	Hurt.
115	Voluntarily causing hurt.
116	Grievous hurt.
117	Voluntarily causing grievous hurt.
118	Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
119	Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.
120	Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property.
121	Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
122	Voluntarily causing hurt or grievous hurt on provocation.
123	Causing hurt by means of poison, etc., with intent to commit an offence.
124	Voluntarily causing grievous hurt by use of acid, etc.
125	Act endangering life or personal safety of others.
	Of Wrongful Restraint And Wrongful Confinement
126	Wrongful restraint.
127	Wrongful confinement.
	Of Criminal Force And Assault
128	Force.
129	Criminal force.
130	Assault.
131	Punishment for assault or criminal force otherwise than on grave provocation.
132	Assault or criminal force to deter public servant from discharge of his duty.
133	Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
134	Assault or criminal force in attempt to commit theft of property carried by a person.
135	Assault or criminal force in attempt to wrongfully confine a person.
136	Assault or criminal force on grave provocation.
	Of Kidnapping, Abduction, Slavery And Forced Labour
137	Kidnapping.
138	Abduction
139	Kidnapping or maiming a child for purposes of begging.
140	Kidnapping or abducting in order to murder or for ransom, etc.
141	Importation of girl or boy from foreign country.
142	Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
143	Trafficking of person.
144	Exploitation of a trafficked person.
145	Habitual dealing in slaves.
146	Unlawful compulsory labour.

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FAQs of BNS Section 139

139 BNS punishment and fine

Punishment and fine under Section 139 of the BNS—

BNS 139(1): Rigorous imprisonment not be less than 10 years but which may extend to imprisonment for life, and fine.
BNS 139(2): Imprisonment not be less than 20 years which may extend to remainder of that person’s natural life, and fine.
139 BNS cognizable or not

The offence under Section 139(1) and 139(2) of the BNS is cognizable.
139 BNS bailable or not

The offence under Section 139(1) and 139(2) of the BNS is non-bailable.
139 BNS trial court

Offence specified in Section 139(1) of the BNS is triable by the Magistrate of the first class while the offence specified in Section 139(2) is triable by the Court of Session.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).