Prosecutors must prove exactly how and when the child was kidnapped to convict someone of exploiting them for begging.

If a non-guardian is caught using a minor to beg, the law presumes kidnapping or unlawful custody for that purpose unless the accused proves otherwise.

Indian Penal Code, 1860

Section 363A

repealed

Kidnapping or maiming a minor for purposes of begging

Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. In this section “begging” means: soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise; entering on any private premises for the purpose of soliciting or receiving alms; 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 a minor as an exhibit for the purpose of soliciting or receiving alms; “minor” means: in the case of a male, a person under sixteen years of age; and in the case of a female, a person under eighteen years of age.§

Why this exists

This provision was introduced to combat organized begging rackets that kidnap or deliberately injure children to make them more effective beggars, a serious form of child exploitation. The presumption clause shifts the burden onto adults found using minors for begging, recognizing how hard it otherwise is to prove the original kidnapping. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize this exploitation of minors for begging with comparably severe punishment.

How courts read it

Courts have used the reverse burden of proof in this section to convict adults caught exploiting minors for begging even without direct evidence of how the child came into their custody, provided the adult was not the minor's lawful guardian.

Common misconceptions

Myth: Prosecutors must prove exactly how and when the child was kidnapped to convict someone of exploiting them for begging.
Fact: If a non-guardian is caught using a minor to beg, the law presumes kidnapping or unlawful custody for that purpose unless the accused proves otherwise.