BNS Section 99 – Buying child for purposes of prostitution, etc
IPC Section – 373
Cognizable offence
punishable with imprisonment of either description for
a term which shall not be less than seven years but may
extend to fourteen years and shall also be liable to fine
Note: Minor has been replaced with Child
Buying child for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any child below the age of eighteen years with intent that such person 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 child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
Explanation 1
Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2
“Illicit intercourse” has the same meaning as in section 96.
Key Points on BNS-99
BNS-99 addresses the crime of buying or obtaining a child for prostitution or other unlawful purposes. Below are the key aspects of the law:
Key Points
- Offense Definition: The law criminalizes the act of buying, hiring, or obtaining possession of any child under the age of eighteen with the intent to use the child for prostitution, illicit sexual activities, or other immoral purposes.
- Offense: Buying a child for the purposes of prostitution or related activities.
- Punishment: Convictions under this law result in imprisonment for a minimum of seven years, which may extend up to fourteen years, along with the possibility of a fine.
- Intent Requirement: The offender must intend for the child to be used in such unlawful activities, or must be aware that it is likely to happen. This highlights the importance of intent in establishing guilt.
- Protection of Minors: The law’s main aim is to protect children from exploitation, underscoring the seriousness of trafficking and sexual abuse.
Definitions
- Child: A child is defined as any individual under the age of eighteen years.
- Prostitution: Prostitution refers to the act of engaging in sexual activities in exchange for money or other benefits.
- Illicit Intercourse: This refers to sexual relations considered unlawful or immoral, not recognized by marriage or any recognized union within the community.
- Obtain Possession: This term includes acquiring control over a child through any means, whether by purchase, hire, or other methods.
Offense: Buying a child for prostitution or related unlawful activities.
Punishment: Imprisonment for not less than 7 years, up to a maximum of 14 years, and a fine.
Cognizable or Non-cognizable: Cognizable offense.
Bailable or Non-bailable: Non-bailable offense.
Court of Trial: Court of Session.
