Code: Section 98 BNS
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.
Explanation
Section 98 of the Bharatiya Nyaya Sanhita (BNS) specifically criminalizes the sale, lease, or disposal of children for purposes related to prostitution, illicit intercourse, or other unlawful and immoral purposes. The section ensures strict punishment for those engaging in such heinous crimes.
Key Provisions:
- Prohibition Against Child Exploitation: Selling, hiring, or disposing of a child for illicit purposes is a serious criminal offense.
- Presumption of Intent: If a female under 18 years is sold to a brothel or prostitute, the law presumes intent of prostitution unless proven otherwise.
- Definition of Illicit Intercourse: It includes sexual relations outside marriage or recognized unions as per personal laws.
- Punishment: Imprisonment up to 10 years and a fine.
Illustrations
Example 1: Sale of a Minor for Prostitution
A person sells a 16-year-old girl to a brothel owner. Under Section 98, the seller will be presumed to have sold her for prostitution and will face legal action unless proven otherwise.
Example 2: Child Trafficking for Illicit Activities
A trafficker lures young boys and girls under the pretext of jobs but sells them to criminal organizations for immoral purposes. This act is punishable under Section 98 of BNS.
Common Questions and Answers
1. What is the punishment under Section 98 BNS?
A person convicted under this section can be sentenced to imprisonment for up to 10 years and also be liable to pay a fine.
2. What does Explanation 1 imply?
If a female under 18 is sold to a brothel, the law presumes she was sold for prostitution unless proven otherwise.
3. Can a person be convicted under this section without direct proof of intent?
Yes, Explanation 1 creates a presumption of intent in cases where a minor girl is sold to known prostitution networks.
4. What constitutes “illicit intercourse” under this section?
Illicit intercourse includes sexual relations outside of legally recognized marriages or unions under personal laws.
5. Is there any defense available under Section 98?
A person can defend themselves by proving that the sale or transfer of the child was for a lawful purpose and not intended for immoral activities.
Conclusion
Section 98 of BNS is a crucial legal provision aimed at preventing child exploitation for prostitution and other unlawful purposes. It establishes strict presumptions and stringent punishments to deter such crimes and protect vulnerable children.
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