Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 139: Kidnapping or Maiming a Child for Purposes of Begging
(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.
Brief Detail
BNS Section 139 deals with the criminal offenses related to using a child for begging. It specifies severe penalties for kidnapping or maiming a child to exploit them for begging. The section outlines rigorous imprisonment of at least ten years for kidnapping, up to life imprisonment for maiming, and includes a presumption of guilt for anyone using a child for begging, unless proven otherwise. Begging is defined comprehensively, covering various methods of soliciting alms.
Question & Answers
Q1: What are the penalties for kidnapping a child for purposes of begging under BNS Section 139?
A1: The penalty for kidnapping a child for begging purposes is rigorous imprisonment for not less than ten years and may extend to life imprisonment, along with a fine.
Q2: What punishment is prescribed for maiming a child for begging?
A2: Maiming a child for begging is punishable with imprisonment for not less than twenty years, which may extend to life imprisonment for the remainder of the person’s natural life, and a fine.
Q3: What presumption applies to individuals using a child for begging under BNS Section 139?
A3: It is presumed, unless proved otherwise, that a person not being the lawful guardian who employs or uses a child for begging has kidnapped or otherwise obtained the custody of the child for that purpose.
Q4: How is begging defined in this section?
A4: Begging is defined as soliciting or receiving alms in public or private places, using any means such as exhibiting deformities or diseases, or using a child as an exhibit to obtain or extort alms.
Example
Example Scenario:
If an individual kidnaps a child to make them beg on the streets or maims the child to increase sympathy and obtain more alms, these actions fall under the provisions of BNS Section 139. For instance, if someone forcibly takes a child and uses them to solicit alms or causes harm to the child to make them appear pitiable, this is a criminal offense under this section.
Summary
BNS Section 139 addresses severe crimes related to exploiting children for begging. It imposes harsh penalties for both kidnapping and maiming children with the intent to use them for begging purposes. The section provides clear definitions and severe punishments to deter such exploitative practices.
