Section 139 of BNS 2023: Penalties for Kidnapping and Maiming Children for Begging

Overview

Section 139 of BNS 2023 addresses the severe offenses of kidnapping and maiming children for the purpose of begging. It outlines stringent penalties for those who engage in such acts, emphasizing the protection of vulnerable children from exploitation.

Punishment

Under Section 139, the penalties for offenses include:

1. Kidnapping for Begging:
   • Rigorous imprisonment for a term not less than ten years, extendable to life imprisonment.
   • Fine.
2. Maiming for Begging:
   • Imprisonment for not less than twenty years, extendable to life imprisonment, which implies imprisonment for the remainder of the person's natural life.
   • Fine.

Key Elements

1. Kidnapping for Begging:
   • Act: Kidnapping a child or obtaining custody of a child without being the lawful guardian.
   • Purpose: Employing or using the child for begging.
2. Maiming for Begging:
   • Act: Maiming a child.
   • Purpose: Employing or using the child for begging.
3. Presumption of Kidnapping:
   • If a person not being the lawful guardian employs or uses a child for begging, it is presumed they kidnapped or obtained custody of the child for that purpose, unless proven otherwise.

Definition of Begging

In this section, "begging" includes:

1. Public Solicitation: Soliciting or receiving alms in a public place under various pretenses such as singing, dancing, fortune telling, performing tricks, selling articles, or otherwise.
2. Private Solicitation: Entering private premises for the purpose of soliciting or receiving alms.
3. Exhibition for Alms: Exposing or exhibiting any sore, wound, injury, deformity, or disease (of oneself, another person, or an animal) with the intent to obtain or extort alms.
4. Using Child as Exhibit: Using a child as an exhibit for the purpose of soliciting or receiving alms.

Examples

1. Kidnapping for Begging: A person kidnaps a child from a village and forces the child to beg in a city, employing them to collect alms from passersby. This act is punishable under Section 139.
2. Maiming for Begging: A person maims a child to elicit sympathy and uses the child to beg at busy intersections, aiming to increase alms collected. This act results in severe penalties.
3. Presumed Kidnapping: A person found using a child to beg, who is not the child’s lawful guardian, is presumed to have kidnapped the child for this purpose unless they can prove otherwise.

Historical Context

The exploitation of children for begging has been a persistent issue in many societies, requiring stringent legal measures. The Indian Penal Code (IPC) provided initial protections, which BNS 2023 strengthens to address the contemporary challenges of child exploitation.

Legislative Intent

The legislative intent behind Section 139 of BNS 2023 is to provide robust legal protection for children against exploitation for begging. By imposing stringent penalties, the law aims to deter such practices and ensure the safety and well-being of vulnerable children.

Conclusion

Section 139 of BNS 2023 is a crucial legal provision for protecting children from being kidnapped, maimed, and exploited for begging. By defining clear penalties and outlining the nature of begging, it promotes the safety and dignity of children.