Section 139 of BNS : Section 139: Kidnapping or maiming a child for purposes of begging.

Explanation using Example

Example 1:

Ravi, a 35-year-old man, kidnaps a 7-year-old boy named Arjun from a park in Delhi. Ravi is not Arjun's lawful guardian. He takes Arjun to a busy market area and forces him to beg by singing songs and asking for money from passersby. Ravi collects all the money that Arjun receives. Under Section 139(1) of The Bharatiya Nyaya Sanhita 2023, Ravi is guilty of kidnapping a child for the purpose of begging and can be punished with rigorous imprisonment for a term not less than ten years, which may extend to life imprisonment, and he is also liable to a fine.

Example 2:

Sunita, a 40-year-old woman, finds a 5-year-old girl named Meera wandering alone in a railway station in Mumbai. Sunita is not Meera's lawful guardian. She takes Meera to her home and intentionally injures Meera's leg to make her appear more pitiable. Sunita then takes Meera to various traffic signals and makes her beg by showing her injured leg to solicit sympathy and money from drivers. Under Section 139(2) of The Bharatiya Nyaya Sanhita 2023, Sunita is guilty of maiming a child for the purpose of begging and can be punished with imprisonment for not less than twenty years, which may extend to life imprisonment, meaning imprisonment for the remainder of her natural life, and she is also liable to a fine.

Example 3:

Ajay, a 28-year-old man, is found using a 6-year-old girl named Priya to beg at a temple entrance in Varanasi. Ajay is not Priya's lawful guardian. He makes Priya hold a bowl and ask for money from devotees. When questioned by the police, Ajay cannot provide any proof that he did not kidnap or unlawfully obtain custody of Priya. Under Section 139(3) of The Bharatiya Nyaya Sanhita 2023, it is presumed that Ajay kidnapped or otherwise obtained custody of Priya for the purpose of begging, unless he can prove otherwise. Ajay can be punished with rigorous imprisonment for a term not less than ten years, which may extend to life imprisonment, and he is also liable to a fine.

Example 4:

Ramesh, a 45-year-old man, takes his own son, 8-year-old Rohit, to a busy street in Kolkata. Ramesh makes Rohit perform tricks and magic shows to attract a crowd and then asks the crowd for money. Although Ramesh is Rohit's lawful guardian, his actions fall under the definition of "begging" as per Section 139(4)(i) of The Bharatiya Nyaya Sanhita 2023. However, since Ramesh is the lawful guardian, he is not punishable under this section, but other child protection laws may apply.