Kidnapping or Maiming a Child for Begging Under the BNS (Section 139): IPC 363A Mapping (2026)
What Section 139 of the Bharatiya Nyaya Sanhita covers, the punishment for kidnapping and for maiming a child for begging, the IPC 363A section it replaced, and what changed. Last verified October 2026.
Explainer · New Criminal Laws · BNS
Section 139 of the Bharatiya Nyaya Sanhita (BNS), 2023 makes it a serious crime to kidnap a child, or to take custody of a child when you are not the lawful guardian, in order to use that child for begging. It also punishes maiming a child for the same purpose. This section replaced Section 363A of the Indian Penal Code (IPC) and has applied since 1 July 2024. This explainer sets out what Section 139 covers, the exact punishment for each limb, how it is classified, and what changed from the old law. Last verified October 2026.
- What it is: BNS Section 139, kidnapping or maiming a child (under eighteen) for begging.
- Old law: it replaced Section 363A of the IPC, in force since 1 July 2024.
- Punishment: kidnapping, not less than 10 years up to life, and fine; maiming, not less than 20 years up to natural life, and fine.
- Key change: what was a maximum under the IPC is now a minimum under the BNS.
01The short answer
Section 139 of the BNS punishes two linked wrongs against a child, meaning a person under eighteen years of age.
- Kidnapping for begging: kidnapping a child, or obtaining custody of a child when you are not the lawful guardian, so as to use the child for begging.
- Maiming for begging: maiming a child so as to use the child for begging.
It replaced Section 363A of the IPC. The old section and the new one sit in different codes, but the core wrong is the same: using a helpless child as a tool to collect alms.
Section 139 of the BNS treats using a child for begging as a grave offence, with a minimum sentence of ten years for kidnapping and twenty years for maiming.
02What the section covers
The section is built around the purpose of begging. The act of kidnapping or maiming is punished because it is done to make a child beg.
Who is protected
The protected person is a child, that is, anyone below the age of eighteen. The offender can be a stranger who kidnaps the child, or a person who takes custody of the child without being the lawful guardian.
The presumption
Section 139 contains an important presumption. Where a person who is not the lawful guardian employs or uses a child for begging, the law presumes, unless the person proves otherwise, that the child was kidnapped or that custody was obtained for the purpose of begging. This shifts the burden onto the adult who is found using the child.
What begging means here
The section defines begging widely. It covers soliciting or receiving alms in a public place, entering private premises to solicit alms, exhibiting an injury, deformity or disease to obtain alms, and using a child as an exhibit to get money.
03Punishment and classification
The punishment depends on which limb is proved. Both are severe.
| Conduct | Punishment under BNS Section 139 |
|---|---|
| Kidnapping or obtaining custody of a child for begging | Rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and fine. |
| Maiming a child for begging | Imprisonment of not less than twenty years, which may extend to imprisonment for life, meaning the remainder of the person’s natural life, and fine. |
A minimum sentence, not a maximum
The ten year and twenty year figures are minimums. A court cannot go below them. This is a deliberate signal that the offence is treated as very grave.
This is a serious, non-bailable offence in practice, triable by a Court of Session.
04IPC 363A to BNS 139: what changed
Section 139 of the BNS is the direct successor to Section 363A of the IPC. The structure is the same, but the sentencing is tougher.
- For kidnapping: the old IPC 363A set a maximum of ten years. The BNS makes ten years the minimum, with life as the ceiling. So a figure that was once the top of the range is now the floor.
- For maiming: the IPC treated maiming for begging as punishable up to life. The BNS now fixes a minimum of twenty years and defines life imprisonment as the remainder of the natural life.
- Same core elements: the purpose of begging, the presumption against a non-guardian, and the wide meaning of begging all carry over.
For a plain comparison of how old IPC numbers map to the new code, see our IPC to BNS section converter and the overview of the new criminal laws (BNS, BNSS and BSA).
05Practical points
- It sits in a block of kidnapping offences. The BNS groups kidnapping and related crimes together. Related sections include kidnapping under Section 137 and human trafficking under Section 143.
- It can overlap with other laws. Facts may also attract the trafficking provisions, the law on selling or buying a child, and special statutes on child protection.
- The presumption matters at the charge stage. An adult found using a child for begging has to explain how the child came into their custody.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
If your work is on how Section 139 or the old Section 363A has been applied, the task is to find the right judgments and then keep track of the live matters. Claw does both. You can search more than 30 crore judgments and get the results in under 5 seconds, from the Supreme Court as far back as 1950 and the High Courts from 1990, and you can follow a prosecution under this section, its orders and its hearings, by party or advocate name, across the 9,102 courts, benches and forums on the platform. Open a free Claw account to pull these precedents and watch your matter by party or advocate name. You can also see how case search works across Indian courts. Claw does not train its AI models on the documents customers upload.
07Sources and further reading
- India Code (official bare Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Text of BNS Section 139: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Statute text can change through amendment and notification, so check the current section and take advice from counsel before acting.
08Frequently asked questions
What is Section 139 of the BNS?
Section 139 of the Bharatiya Nyaya Sanhita, 2023 punishes kidnapping a child, or taking custody of a child when not the lawful guardian, to use the child for begging, and separately punishes maiming a child for begging. It replaced Section 363A of the IPC and came into force on 1 July 2024.
What is the punishment under BNS Section 139?
For kidnapping or obtaining custody for begging, the punishment is rigorous imprisonment of not less than ten years, up to imprisonment for life, and a fine. For maiming a child for begging, it is imprisonment of not less than twenty years, up to imprisonment for the remainder of the natural life, and a fine.
Which IPC section does BNS 139 replace?
It replaces Section 363A of the Indian Penal Code. The wrong is the same, but the BNS sets minimum sentences where the IPC had set maximums.
Who is treated as a child under this section?
A child means a person below the age of eighteen years. The offender can be a stranger or any person who takes custody of the child without being the lawful guardian.
Is there a presumption against the accused?
Yes. Where a person who is not the lawful guardian is found using a child for begging, the law presumes, unless proved otherwise, that the child was kidnapped or custody was obtained for that purpose.
Can I find cases under Section 139 or Section 363A in Claw?
Yes. You can search more than 30 crore judgments for rulings under Section 139 and the old Section 363A, with results in under 5 seconds, and follow a live prosecution, its orders and hearings, by party or advocate name across the 9,102 courts, benches and forums Claw covers.