BNS Section 98

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 purposes. Here are the important points and definitions:

Key Points
 

1. Offense Definition: The law prohibits the sale, hiring out, or disposal of any child under eighteen years for purposes of prostitution, illicit sexual relations, or any immoral or unlawful activities.
    

2. Intent Requirement: The provision emphasizes the necessity of intent, meaning that the perpetrator must either intend for the child to be used in such activities or know that it is likely to happen.
    

3. Punishment: Those convicted under this law face imprisonment for up to ten years, alongside the potential for fines.
    

4. Special Consideration for Females: If a female child under eighteen is sold or disposed of to a prostitute or a brothel operator, there is a presumption of intent for prostitution unless proven otherwise. This recognizes the particular vulnerability of female children in these situations.
    

5. Protection of Minors: The overarching goal is to safeguard children from sexual exploitation and abuse, ensuring they are not subjected to immoral practices.
    

Definitions
 

• Child: In this context, a child is defined as any person below the age of eighteen years.
   

• Prostitution: This refers to the practice of engaging in sexual activities for payment or other benefits.
   

• Illicit Intercourse: Defined as sexual relations between individuals not united by marriage or recognized unions. This includes any sexual relationship deemed unlawful or immoral by societal standards or community customs.
   

• Dispose of: This term includes any act of selling, hiring, or otherwise transferring the custody or control of a child.
   

Discover every section of the Bharatiya Nyaya Sanhita (BNS) in our detailed directory. Access a full list of BNS sections with thorough descriptions and legal interpretations.