Bharatiya Nyaya Sanhita, 2023
Section 99 BNS: Buying Child for Purposes of Prostitution, etc.
Section 99 of the Bharatiya Nyaya Sanhita, 2023 punishes buying, hiring, or otherwise obtaining possession 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 99 BNS
99. Buying child for purposes of prostitution, etc. Whoever buys, hires or otherwise obtains possession 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 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 98.
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 99 therefore applies to buying, hiring, or otherwise obtaining possession of any person below eighteen years where the required intent or knowledge is established.
What Section 99 BNS Means
The provision is not confined to an outright purchase. It also covers hiring or otherwise obtaining possession of a child. The prosecution must establish either an intent that the child be used for prostitution, illicit intercourse, or another unlawful and immoral purpose, or knowledge that such use is likely.
Essential Ingredients of Section 99
- The person whose possession is obtained must be a child, meaning a person below eighteen years.
- The accused must buy, hire, or otherwise obtain possession 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 99 BNS
| Offence | Punishment |
|---|---|
| Buying, hiring, or otherwise obtaining possession of a child for the purposes stated in Section 99 | Imprisonment of either description for not less than seven years and up to fourteen years, and fine. |
Presumption Under Explanation 1
Explanation 1 creates a rebuttable presumption in a specific situation. If a prostitute or a person keeping or managing a brothel buys, hires, or otherwise obtains possession of a female under eighteen years, the law presumes, until the contrary is proved, that possession was obtained with the intent that she be used for prostitution.
Meaning of "Illicit Intercourse"
Explanation 2 adopts the same meaning of "illicit intercourse" as Section 98 BNS. Section 98 defines the expression by reference to sexual intercourse between persons not united by marriage or by a qualifying union or tie recognised by the relevant personal law or custom as constituting a quasi-marital relation.
Difference Between Sections 98 and 99 BNS
| Provision | Main Conduct | Punishment |
|---|---|---|
| Section 98 | Selling, letting to hire, or otherwise disposing of a child for prohibited purposes. | Imprisonment up to ten years and fine. |
| Section 99 | Buying, hiring, or otherwise obtaining possession of a child for prohibited purposes. | Imprisonment from seven to fourteen years and fine. |
Related BNS Provisions
Section 99 is the counterpart to Section 98 BNS. Other related child-protection 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 99 in a particular matter depends on the facts, evidence, procedural law, applicable special laws, and judicial interpretation.