BNS Section 139

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; using such childas an exhibit for the purpose of soliciting or receiving alms.

(1) Whoever kidnaps any child below the age of eighteen years 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 below the age of eighteen years 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 below the age of eighteen years 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, forture-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 childas an exhibit for the purpose of soliciting or receiving alms.

Key Points
 

1. Kidnapping or Custody for Begging (Clause 1):
    

   • Offense: Kidnapping or obtaining custody of a child (under 18 years) for the purpose of using them in begging.
      

   • Punishment: Rigorous imprisonment ranging from 10 years to life, along with a fine.
      

2. Maiming for Begging (Clause 2):
    

   • Offense: Maiming or physically injuring a child to use them for begging.
      

   • Punishment: Imprisonment of not less than 20 years, extending to life imprisonment (the person’s entire natural life), along with a fine.
      

3. Presumption of Intent (Clause 3):
    

   • If a person, who is not the lawful guardian, uses a child for begging, it is presumed they kidnapped or obtained the child for that purpose unless proven otherwise.
      

4. Definition of Begging (Clause 4):
    

   • Begging includes:
      

   1. Soliciting alms in public, including through performance or trickery.
       

   2. Entering private premises to beg.
       

   3. Exhibiting injuries or deformities (of self or others) to gain sympathy for alms.
       

   4. Using a child as a tool to solicit alms.

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