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

Bharatiya Nyaya Sanhita, 2023

Statutory text

139. (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.
Kidnapping or abducting in order to murder or for ransom, etc.
140.(1) Whoever kidnaps or abducts any person in order that such
person may be murdered or may be so disposed of as to be put in danger
of being murdered, shall be punished with imprisonment for life or rigorous
imprisonment for a term which may extend to ten years, and shall also be
liable to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that
Z may be sacrificed to an idol. A has committed the offence defined in this
section.
(b) A forcibly carries or entices B away from his home in order that B
may be murdered. A has committed the offence defined in this section.
 (2)  Whoever kidnaps  or  abducts  any  person  or  keeps  a  person  in
detention after such kidnapping or abduction, and threatens to cause death
or  hurt  to  such  person,  or  by  his  conduct  gives  rise  to  a  reasonable
apprehension that such person may be put to death or hurt, or causes hurt
or death to such person in order to compel the Government or any foreign
State or international inter-governmental organisation or any other person
to do or abstain from doing any act or to pay a ransom, shall be punishable
with death, or imprisonment for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that
person  to  be  secretly  and  wrongfully  confined,  shall  be  punished  with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person
may be subjected, or may be so disposed of as to be put in danger of being
subjected  to  grievous  hurt,  or  slavery,  or  to  the  unnatural  lust of  any

person, or knowing it to be likely that such person will be so subjected or
disposed of, shall be punished with imprisonment of either description for
a term which may extend to ten years, and shall also be liable to fine.
Importation of girl or boy from foreign country.

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