Bharatiya Nyaya Sanhita, 2023
BNS Section 98
Selling child for purposes of prostitution, etc
In one line
BNS Section 98 deals with selling child for purposes of prostitution, etc and replaces IPC 372.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 98 | Selling child for purposes of prostitution, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 98
98. Selling child for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any child 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 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 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.
What changed from the IPC
- IPC 372 → BNS 98: "minor" is replaced by "child" in heading and words "any person under the age of eighteen years" are replaced by the word "child'.
Frequently asked
What was BNS Section 98 in the IPC?
BNS Section 98 (Selling child for purposes of prostitution, etc) replaces Section 372 of the Indian Penal Code, 1860. IPC 372 is now BNS 98.
What is the punishment under BNS 98?
Selling child for purposes of prostitution, etc – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 98 bailable?
Non-bailable: BNS 98. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- BNS 94 — Concealment of birth by secret disposal of dead body
- BNS 95 — Hiring, employing or engaging a child to commit an offence
- BNS 96 — Procuration of child
- BNS 97 — Kidnapping or abducting child under ten years of age with intent to steal from its person
- BNS 99 — Buying child for purposes of prostitution, etc
- BNS 100 — Culpable homicide
- BNS 101 — Murder
- BNS 102 — Culpable homicide by causing death of person other than person whose death was intended
- BNS 103 — Punishment for murder