Bharatiya Nyaya Sanhita, 2023
BNS Section 99
Buying child for purposes of prostitution, etc
In one line
BNS Section 99 deals with buying child for purposes of prostitution, etc and replaces IPC 373.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 99 | Buying child for purposes of prostitution, etc. | Imprisonment for not less than 7 years but which may extend to 14 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 99
99. Buying child for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession 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 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 98.
What changed from the IPC
- IPC 373 → BNS 99: Minimum mandatory punishment is introduced as seven years, and the upper limit of imprisonment is extended up to fourteen years in BNS, in place of ten years in IPC.
- IPC 373 → BNS 99: Words "any person under the age of eighteen years" are replaced by the word "child'.
Frequently asked
What was BNS Section 99 in the IPC?
BNS Section 99 (Buying child for purposes of prostitution, etc) replaces Section 373 of the Indian Penal Code, 1860. IPC 373 is now BNS 99.
What is the punishment under BNS 99?
Buying child for purposes of prostitution, etc – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 99 bailable?
Non-bailable: BNS 99. 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 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 98 — Selling 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
- BNS 104 — Punishment for murder by life-convict