Section 96 of the Bharatiya Nyaya Sanhita (BNS), 2023

07 Jun 2025 --
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Section 96 BNS, 2023 — Overview

Title: Procuration of Child

Purpose:
Section 96 criminalizes the act of procuring, enticing, or inducing a child (any person below 18 years) for the purpose of illicit intercourse or sexual exploitation. It is designed to protect minors from being lured, coerced, or deceived into sexual activities, trafficking, or exploitation.

Penalty:

Imprisonment up to 10 years

Fine (monetary penalty)

The offense is cognizable and non-bailable, meaning police can arrest without a warrant, and bail is not a matter of right.

Comparison with Previous Law:

Earlier, under IPC Section 366-A, the offense applied only to minor girls.

BNS Section 96 is gender-neutral and applies to all children under 18, irrespective of gender.

Key Elements / Ingredients of the Offense

For a person to be held liable under Section 96 BNS, the following elements must be established:

Victim is a Child:
The victim must be under 18 years of age.

Act of Procuration / Inducement / Coercion:
The offender must lure, entice, or induce the child to go with them or someone else, or to do any act that may lead to sexual exploitation.
This can include:

Deception

Promises or inducements

Fraud or manipulation

Blackmail or threats

Intent or Knowledge:
The offender must have the intent that the child will be used for illicit intercourse, or must know that it is likely that the child will be forced or seduced for sexual purposes.

Purpose of Illicit Intercourse:
The underlying purpose must be sexual exploitation. Merely taking a child somewhere without this intent may not fall under Section 96.

Force is not necessary; even persuasion or deception with sexual exploitation in mind is sufficient.

Illustrative Examples

An adult convinces a 14-year-old that there is a job opportunity, knowing that the child will be sexually exploited afterward. This falls under Section 96.

An offender befriends a minor online and persuades them to meet in person with the intention of sexual exploitation. This also constitutes the offense.

The offender does not physically force the child but uses deception, threats, or promises to achieve the objective. Liability under Section 96 still arises.

Practical Considerations

Intent must be proven: It is necessary to show that the offender intended the child to be exploited.

Broad definition of inducement: Includes manipulation, promises, or fraud, not just physical force.

Cognizable and non-bailable: Police have authority to arrest immediately, reflecting the seriousness of the offense.

Trial usually in Sessions Court: Given the gravity of the offense, such cases typically proceed in higher courts.

Case Law / Judicial Context

As of now (2025):

BNS 2023 is relatively new, and there are no widely reported Supreme Court or High Court judgments explicitly on Section 96.

Existing references are mostly explanatory or illustrative based on older IPC Section 366-A jurisprudence.

In practice, courts will interpret Section 96 using:

The language of the statute

Principles from IPC 366-A cases

Protection of children as a paramount concern

Key principles from prior IPC 366-A cases that would inform Section 96 interpretations:

R vs. Child Inducement Cases:

Intent to exploit sexually can be inferred from circumstances, promises, or deception.

Child under 18:

Any sexual inducement of a minor is punishable.

Force is not required:

Courts have consistently held that coercion, inducement, or deception suffices.

Once BNS-specific judgments become available, they will likely reinforce these principles while broadening applicability to all children, regardless of gender.

Significance of Section 96 BNS

Child protection: Explicitly criminalizes inducement of all minors for sexual exploitation.

Gender-neutral: Extends protection to boys, girls, and other genders.

Clarity and enforcement: By making it cognizable and non-bailable, the law ensures stricter enforcement.

Broader framework: Part of a chapter protecting children from trafficking, sexual abuse, and exploitation, creating a unified legal framework for child protection.