BNS Section 99

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. Here are the key points and definitions:

Key Points
 

1. Offense Definition: The law specifically 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.
    

2. Intent Requirement: The offender must have the intent for the child to be used in such ways, or must be aware that it is likely to happen. This underscores the importance of intent in establishing guilt.
    

3. Punishment: Conviction under this provision carries a minimum imprisonment term of seven years, which can extend up to fourteen years. Additionally, offenders may face fines.
    

4. Protection of Minors: The law aims to protect children from exploitation, emphasizing the seriousness of trafficking and sexual abuse.

Definitions
 

• Child: Defined as any individual below the age of eighteen years.
   

• Prostitution: The act of engaging in sexual activities in exchange for money or other benefits.
   

• Illicit Intercourse: Refers to sexual relations that are considered unlawful or immoral, not recognized by marriage or by any quasi-marital arrangement within the relevant community.
   

• Obtain Possession: This term includes any method of acquiring control over a child, whether through purchase, hire, or other means.

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