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CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of offences against child

Section 98: Selling child for purposes of prostitution, etc

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 3 of our papers cite Section 98. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 98 of the BNS (selling child for purposes of prostitution, etc.): 1. Where a female under eighteen years of age is sold to a person who keeps or manages a brothel, the seller is presumed, until the contrary is proved, to have disposed of her with intent that she be used for prostitution. 2. The offence is punishable with imprisonment of either description which may extend to ten years, and fine. 3. The section applies only if the child is intended to be used for such purpose before attaining eighteen years of age. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nyaya Sanhita