BNS Section 98 – Selling child for purposes of prostitution, etc
IPC Section – 372
Cognizable offence
punishable with imprisonment of either description for
a term which may extend to ten years and shall also be
liable to fine
Note: Any person under the age of eighteen years has
been replaced with Child.
Selling child for purposes of prostitution, etc
Whoever sells, lets to hire, or otherwise disposes of child below eighteen years of age with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation 1
When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2
For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
Key Points on BNS-98
BNS-98 addresses the serious crime of selling or exploiting a child for prostitution or related unlawful activities. Below are the important aspects of the law:
Key Points
- Offense Definition: The law prohibits the sale, hiring, or disposal of any child under the age of eighteen for the purposes of prostitution, illicit sexual relations, or any unlawful activities.
- Intent Requirement: The law requires that the perpetrator must have the intention for the child to be used in such activities or must know that it is likely to occur.
- Punishment: Convictions under this law can result in imprisonment for up to ten years, along with the possibility of fines.
- Special Consideration for Females: If a female child under eighteen is sold or transferred to a prostitute or brothel operator, there is a presumption of intent for prostitution, unless proven otherwise. This provision acknowledges the heightened vulnerability of female children in these circumstances.
- Protection of Minors: The primary objective of the law is to protect children from sexual exploitation and abuse, ensuring they are not subjected to immoral practices.
Definitions
- Child: A child is defined as any person under the age of eighteen years.
- Prostitution: Prostitution refers to engaging in sexual activities in exchange for payment or other benefits.
- Illicit Intercourse: Illicit intercourse refers to sexual relations between individuals not married or in a legally recognized union, which are deemed immoral or unlawful by societal standards.
- Dispose of: The term “dispose of” includes acts of selling, hiring, or transferring the custody or control of a child.
Offense: Selling a child for purposes of prostitution or related activities.
Punishment: Imprisonment for up to 10 years and a fine.
Cognizable or Non-cognizable: Cognizable offense.
Bailable or Non-bailable: Non-bailable offense.
Court of Trial: Court of Session.
