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Section 139 BNS| Section 140 BNS| Section 139 & Section 140 of Bharatiya Nyaya Sanhita| Bare Act

Section 139 of The Bharatiya Nyaya Sanhita (BNS):


Kidnapping or maiming a child for purposes of begging.


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.


Section 140 of The Bharatiya Nyaya Sanhita (BNS):


Kidnapping or abducting in order to murder or for ransom etc


(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.


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Section 139 BNS| Section 140 BNS| Section 139 & Section 138 of Bharatiya Nyaya Sanhita| Bare Act

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