Bharatiya Nyaya Sanhita, 2023
Section 98 BNS: Selling Child for Purposes of Prostitution, etc.
Section 98 of the Bharatiya Nyaya Sanhita, 2023 punishes selling, letting to hire, or otherwise disposing of a child with the specified intent or knowledge that the child will be used for prostitution, illicit intercourse, or any unlawful and immoral purpose.
Text of Section 98 BNS
98. Selling child for purposes of prostitution, etc. 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.
Meaning of "Child" Under the BNS
Section 2(3) of the Bharatiya Nyaya Sanhita, 2023 defines a "child" as any person below the age of eighteen years. Section 98 therefore applies to the disposal of any person below eighteen years where the statutory intent or knowledge is proved.
What Section 98 BNS Means
The provision is broader than a simple sale. It covers selling, letting to hire, or otherwise disposing of a child. The prosecution must establish either the prohibited intent or knowledge that it is likely the child will at any age be used for prostitution, illicit intercourse, or another unlawful and immoral purpose.
Essential Ingredients of Section 98
- The person disposed of must be a child, meaning a person below eighteen years.
- The accused must sell, let to hire, or otherwise dispose of the child.
- The accused must intend that the child be used for prostitution, illicit intercourse, or any unlawful and immoral purpose, or know that such use is likely.
- The intended or likely use may occur at any age, as expressly stated in the provision.
Punishment Under Section 98 BNS
| Offence | Punishment |
|---|---|
| Selling, letting to hire, or otherwise disposing of a child for the purposes stated in Section 98 | Imprisonment of either description up to ten years, and fine. |
Presumption Under Explanation 1
Explanation 1 creates a rebuttable presumption in a specific situation. Where a female under eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to a person who keeps or manages a brothel, the law presumes, until the contrary is proved, that the disposal was made with the intent that she be used for prostitution.
Meaning of "Illicit Intercourse"
Explanation 2 supplies a specific statutory definition for Section 98. It refers to sexual intercourse between persons who are not united by marriage or by a legally or customarily recognised quasi-marital union or tie of the kind described in the provision.
Related BNS Provisions
Section 98 is closely related to Section 99 BNS, which deals with buying, hiring, or otherwise obtaining possession of a child for similar prohibited purposes. Other related provisions include Section 95 BNS, Section 96 BNS, and Section 97 BNS.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 98 in a particular matter depends on the facts, evidence, procedural law, applicable special laws, and judicial interpretation.