Indian criminal law | Updated 30 October 2026
IPC Section 363A: Kidnapping or Maiming a Minor for Begging and BNS Section 139
Section 363A of the Indian Penal Code, 1860 addressed kidnapping, obtaining custody of, or maiming a minor for begging. For offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS), the corresponding provision is Section 139, which increases the prescribed punishments and uses the gender-neutral term child.
Punishment under IPC 363A and BNS 139
| Offence | IPC Section 363A | BNS Section 139 |
|---|---|---|
| Kidnapping a child, or obtaining custody without being the lawful guardian, for begging | Imprisonment of either description up to 10 years and fine - subsection (1) | Rigorous imprisonment of at least 10 years, extendable to life imprisonment, and fine - subsection (1) |
| Maiming a child for begging | Imprisonment for life and fine - subsection (2) | Imprisonment of at least 20 years, extendable to imprisonment for the remainder of natural life, and fine - subsection (2) |
Both offences under BNS Section 139 are classified as cognizable and non-bailable in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-bailable does not mean that bail is impossible; it means bail is not available as an automatic right. The schedule lists Section 139(1) as triable by a Magistrate of the first class and Section 139(2) by a Court of Session.
What did IPC Section 363A provide?
Section 363A(1): Kidnapping or obtaining custody for begging
A person who kidnaps a minor, or who is not the minor's lawful guardian but obtains the minor's custody, with the purpose of employing or using that minor for begging, was punishable with imprisonment of either description for up to ten years and a fine.
Section 363A(2): Maiming a minor for begging
Intentionally maiming a minor so that the minor could be employed or used for begging was punishable with life imprisonment and a fine.
Section 363A(3): Statutory presumption
Where a person who was not the lawful guardian employed or used a minor for begging, the law presumed, unless the contrary was proved, that the person kidnapped or otherwise obtained custody of the minor for that purpose. The presumption is rebuttable.
Section 363A(4): Meaning of begging and minor
For this section, begging included soliciting or receiving alms in public, including under the appearance of singing, dancing, fortune-telling, performing tricks or selling articles; entering private premises to seek alms; displaying sores, injuries, deformities or disease of a person or animal to obtain or extort alms; and using a minor as an exhibit to solicit or receive alms.
Under the former IPC Section 363A(4)(b), minor meant a male under sixteen years of age or a female under eighteen years of age. These were the specific statutory age thresholds for this former provision.
Current law: Section 139 of the Bharatiya Nyaya Sanhita, 2023
Section 139(1): Kidnapping or obtaining custody of a child for begging
The offence covers kidnapping a child, or obtaining custody of a child while not being the lawful guardian, in order to employ or use that child for begging. The prescribed punishment is rigorous imprisonment for not less than ten years and up to imprisonment for life, plus fine.
Section 139(2): Maiming a child for begging
Maiming a child in order that the child may be employed or used for begging carries imprisonment for not less than twenty years, which may extend to imprisonment for the remainder of the offender's natural life, and a fine.
Section 139(3): Rebuttable presumption
If a person other than the lawful guardian employs or uses a child for begging, it is presumed, unless the contrary is proved, that the person kidnapped or otherwise obtained the child's custody for that purpose. The presumption does not eliminate the court's obligation to consider the evidence and the applicable law.
Section 139(4): Definition of begging
- Soliciting or receiving alms in a public place, including while appearing to sing, dance, tell fortunes, perform tricks or sell articles.
- Entering private premises to solicit or receive alms.
- Displaying a sore, wound, injury, deformity or disease affecting a person or animal to obtain or extort alms.
- Using a child as an exhibit to solicit or receive alms.
The BNS uses the term child; under Section 2(3) BNS, a child is a person below eighteen years of age. Unlike the earlier IPC provision, Section 139 does not set different age limits for boys and girls.
Essential ingredients and practical interpretation
- Kidnapping or custody: For the first form of the offence, the prosecution must establish kidnapping or obtaining custody by a person who is not the lawful guardian, along with the specified purpose.
- Purpose of begging: The act must be connected with an intention that the child be employed or used for begging.
- Maiming: The second form addresses maiming carried out for the purpose of using the child for begging, and attracts substantially more severe punishment.
- Presumption: Use of a child for begging by someone other than the lawful guardian engages the rebuttable statutory presumption under subsection (3).
- Evidence: The precise facts, age evidence, custody circumstances and proof of the required purpose remain significant.
How Section 139 BNS differs from Section 363A IPC
The new provision changes minor to child, providing a uniform under-eighteen definition. It also increases the minimum punishment: at least ten years of rigorous imprisonment for kidnapping or obtaining custody for begging, and at least twenty years for maiming a child for begging. The earlier IPC provision prescribed no comparable minimum term in subsection (1) and prescribed life imprisonment for maiming under subsection (2).
Related offences and procedure
Depending on the facts, offences involving children may also raise issues of kidnapping from lawful guardianship under IPC Section 361 and BNS Section 137, trafficking under BNS Section 143, or other child-protection legislation. The charges depend on the conduct and the applicable statutory ingredients; Section 139 is not a general prohibition on every form of begging.
For information about reporting a suspected offence, see how to register an FIR and options if police do not register a complaint.
Official legislation and reference materials
- National Crime Records Bureau - Bharatiya Nyaya Sanhita provisions
- NCRB - BNSS First Schedule and classification of offences
- India Code - official central legislation repository
Frequently asked questions
What is the new BNS section corresponding to IPC 363A?
Section 139 BNS addresses kidnapping or maiming a child for the purposes of begging.
Is BNS Section 139 bailable?
No. The offences under subsections (1) and (2) are classified as cognizable and non-bailable under the BNSS First Schedule.
What is the punishment for maiming a child for begging?
Under BNS Section 139(2), imprisonment is not less than twenty years and may extend to imprisonment for the remainder of the offender's natural life, along with a fine.
This article provides general legal information. The applicability of IPC or BNS provisions and any related offences depends on the date, facts and evidence in each case.