Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Kidnapping of Child for Stealing or for Begging (S. 97 and 139 BNS)
Under the Bharatiya Nyaya Sanhita, 2023, aggravated forms of kidnapping and abduction include situations where the act is done for purposes such as murder, ransom, forced marriage, sexual exploitation, trafficking, slavery, begging, or wrongful confinement. These offences recognize that kidnapping is often used as a means to facilitate more heinous crimes, thereby compounding the harm caused to the victim.
The distinction between simple kidnapping and its aggravated forms lies primarily in the specific criminal intent, the nature of the victim, and the resulting harm or risk. By identifying and categorizing these aggravated forms, the legal framework ensures proportional punishment and strengthens deterrence against organized and violent crimes.
The abduction or kidnapping of a child with the intent to steal from them or for begging is one of the gravest offenses under criminal law. This crime not only violates the child’s personal safety and liberty but also exploits their vulnerability for criminal gain. Recognizing the extreme harm such acts cause—both physically and psychologically—the law imposes stringent punishments to deter offenders and protect the most defenceless members of society.
Kidnapping of Child for Stealing from its Person
Section 97 BNS:
Kidnapping or Abducting Child under Ten Years of Age with Intent to Steal from Its Person:
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
The given provision creates a specific aggravated offence where kidnapping or abduction is committed against a very young child of age below 10 years with a dishonest objective. The term movable property includes money, jewellery, ornaments, gadgets, or any physical property that can be moved. The Section punishes a combination of two wrongful acts— unlawful removal of a child and dishonest intention to steal property from that child.
Essential Ingredients of S. 97 BNS:
To establish the offence, the prosecution must prove:
- The accused kidnapped or abducted a child;
- The child was below 10 years of age;
- The accused had dishonest intention; and
- The intention was to take movable property from the child’s person.
Examples:
- A man lures a 7-year-old child into a secluded place by offering chocolates and removes the gold chain from the child’s neck. This amounts to kidnapping/abduction with intent to steal property from the child’s person under Section 97 BNS.
- A person deceitfully takes a 9-year-old child to a nearby park and takes away the child’s school bag containing cash and valuables. Property in the child’s possession qualifies as movable property from the person of the child.
- A man abducts a 9-year-old boy intending to take his expensive watch, but is caught before removing it. The offence may still be made out if the prosecution proves dishonest intention at the time of kidnapping.
Punishment:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Nature of Offence:
The offence is cognizable, non-bailable, non-compoundable, and triable by Magistrate of First Class
Judicial Analysis:
In Shahin Begum v. State of Maharashtra, Criminal Appeal 1042/2019 case, the Bombay High Court emphasized that Section 369 requires two essential ingredients: the child must be under 10 years old, and the kidnapping/abduction must be with the specific intention to dishonestly take movable property from the child.
Kidnapping of Child for Purpose of Begging
Section 139 BNS:
Kidnapping or Maiming a Child for Purposes of Begging:
(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.
This Section criminalizes not only kidnapping, but also unlawful custody obtained for the purpose of using a child as a tool for begging. This provision is designed to protect children from exploitation; to prevent trafficking under the guise of poverty; to dismantle organized begging networks using minors; and to safeguard dignity and development of children.
Essential Ingredients of Section 139(1):
To establish the offence, the prosecution must prove:
- The victim is a child (minor);
- The accused is not the lawful guardian;
- The accused kidnapped the child or obtained custody;
- The intention was to use the child for begging.
Examples:
- ‘A’ took away ‘B’, a 12-year-old boy, from his father, without his consent, so as to make him beg on the streets of Delhi. In this case, ‘A’ completed the kidnapping from lawful guardian as soon as he took ‘B’ away from his father. And because it was for the purpose of making him beg on the streets of Delhi, ‘A’ is guilty of the offence under Section 139(1) BNS.
- A man convinces poor parents to give him their 9-year-old child, promising education and care. Instead, he makes the child beg daily and collects the money. Even if parents handed over the child, the accused is not a lawful guardian and obtained custody for begging — the man is guilty of the offence under Section 139(1) BNS.
- A gang collects children from villages and distributes them across cities to solicit alms near temples and markets. Each member involved in obtaining custody for begging is liable under Section 139(1) BNS.
Punishment:
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.
Nature of Offence:
The offence is cognizable, non-bailable, non-compoundable, and triable by Magistrate of First Class
Essential Ingredients of Section 139(2):
Maim means to wound or injure a part of the body so that it is permanently damaged. To establish the offence, the prosecution must prove:
- The victim is a child (minor);
- The accused maims the child; and
- The intention was to use the child for begging.
Examples:
- An accused intentionally breaks a child’s limb to create sympathy so that the child earns more money while begging. This amounts to maiming for begging. The accused is liable under Section 139(2) BNS.
- A person blinds a child or causes permanent deformity to increase public sympathy while begging. The accused is liable under Section 139(2) BNS.
Punishment:
Imprisonment for a term 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.
Nature of Offence:
The offence is cognizable, non-bailable, non-compoundable, and triable by Court of Session
Section 139(3) BNS:
Section 139(3) BNS, lays down important presumption that 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.
Section 139(4) Definition of Begging:
Section 139(4) BNS, itself, defines what begging constitutes as per this provision. It means:
- Asking or receiving alms (money was given to poor people) in a public place for singing, dancing, fortune-telling, performing tricks, selling goods, etc.
- Entering someone’s private place to ask or receive alms.
- Exposing any wound, injury, deformity or disease of oneself, some other person or some animal, for obtaining or extorting alms.
- Using a minor as an exhibit to receive or solicit alms.
Conclusion:
The kidnapping or abduction of a child for purposes such as stealing from person or forcing them into begging is a deeply reprehensible crime that preys on innocence and vulnerability. Such acts not only endanger the physical and mental well-being of the child but also violate fundamental human rights and societal norms. The law treats these offenses with the utmost seriousness, prescribing severe penalties to deter perpetrators and protect children from exploitation. Beyond legal measures, awareness, vigilance, and community responsibility are essential in preventing such crimes and ensuring that children can grow up in a safe, nurturing environment. Ultimately, combating these offenses requires a combined effort of strict enforcement, education, and societal vigilance to uphold the rights and dignity of every child.
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