Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the grave offence of selling, hiring, or otherwise disposing of a child with the intent or knowledge that the child will be used for prostitution, illicit intercourse, or any unlawful and immoral purpose. This section aims to protect children from exploitation and trafficking.
📜 Text of Section 98
Section 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.
🔍 Key Elements
Scope of Offence: Applies to the act of selling, hiring, or disposing of a child with the intent or knowledge that the child will be used for prostitution, illicit intercourse, or any unlawful and immoral purpose.
Presumption: If a female under the age of eighteen is disposed of to a prostitute or to any person who keeps or manages a brothel, it is presumed that the person disposing of her intended for her to be used for prostitution, unless proven otherwise.
Definition of "Illicit Intercourse": Refers to sexual intercourse between persons not united by marriage or by any union or tie recognised by the personal law or custom of the community to which they belong, constituting a quasi-marital relation.
Punishment: Imprisonment for a term which may extend to ten years, and a fine.
⚖️ Legal Context
Section 98 of the BNS, 2023 aligns with Section 372 of the Indian Penal Code (IPC), which deals with the selling of a minor for purposes of prostitution. However, the BNS provides a more detailed framework, including specific explanations and clearer definitions, to address contemporary concerns related to child trafficking and exploitation
📌 Legal Implications
This provision is significant in protecting children from exploitation and trafficking. It ensures accountability and upholds the integrity of societal norms by criminalizing the sale or disposal of children for immoral purposes.
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