Section 99 of the Bharatiya Nyaya Sanhita (BNS), 2023
**Section 99 of the Bharatiya Nyaya Sanhita (BNS), 2023** criminalizes the act of buying, hiring, or otherwise obtaining possession of a child with the intent to use the child for prostitution, illicit intercourse, or any unlawful and immoral purpose.([aaptaxlaw.com][1])
---
### 📜 Legal Provision
**Section 99** states:
> "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."([thelawadvice.com][2])
**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.([thelawadvice.com][2])
**Explanation 2**: "Illicit intercourse" has the same meaning as in section 98.([vakilsearch.com][3])
---
### 🔍 Key Features
* **Offence**: The act of buying, hiring, or obtaining possession of a child with the intent to use the child for prostitution, illicit intercourse, or any unlawful and immoral purpose.([sudhirrao.com][4])
* **Punishment**: Imprisonment for a term not less than seven years but which may extend to fourteen years, and also liable to a fine.([thelawadvice.com][2])
* **Presumption**: If a prostitute or a person managing a brothel buys, hires, or obtains possession of a female under eighteen years of age, it is presumed that the intent is to use her for prostitution, unless proven otherwise.([thelawadvice.com][2])
* **Definition of "Illicit Intercourse"**: The term "illicit intercourse" is defined in section 98 of the BNS, 2023.([vidhiadda.com][5])
---
### ⚖️ Legal Context
Section 99 of the BNS, 2023 is part of Chapter V, which deals with offences against women and children. This provision aims to protect children from exploitation and abuse by criminalizing the act of buying or obtaining children for immoral purposes.([sudhirrao.com][4], [vakilsearch.com][3])
---
In summary, **Section 99 of the BNS, 2023** establishes stringent penalties for individuals involved in the trafficking or exploitation of children for purposes such as prostitution or illicit intercourse, reflecting the legal system's commitment to safeguarding children's rights and well-being.
RELATED Blog
0 comments