| Section | Punishment | Cognizable? | Bail | Triable by |
|---|---|---|---|---|
| 139(1) 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 |
| 139(2) 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 |
Source: First Schedule of the BNSS 2023 (classification of offences)
Section 139 of Bharatiya Nyaya Sanhita (BNS) 2023:Kidnapping or maiming a child for purposes of begging.
Kidnapping or maiming a child for purposes of begging.Bharatiya Nyaya Sanhita 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.