Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Selling a Child for Prostitution or Immoral Purposes
Section 98 of the Bharatiya Nyaya Sanhita, 2023, criminalizes the act of selling, hiring, or otherwise disposing of a child under the age of eighteen with the intent that the child shall be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose. This provision aims to protect children from sexual exploitation and trafficking.
Key Provisions of Section 98
Offense Definition: The section applies to individuals who sell, let to hire, or otherwise dispose of a child with the intent that the child shall be used for prostitution, illicit intercourse, or any unlawful and immoral purpose, or knowing it is likely that the child will be used for such purposes
Punishment: The offender is punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to a 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 recognized 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.
This section is part of Chapter V of the BNS, 2023, which deals with offenses against women and children. Section 98 specifically addresses the act of selling a child for exploitative purposes, including prostitution or any other form of abuse. This provision is designed to protect children from trafficking and sexual exploitation by penalizing individuals who, for monetary gain or other benefits, sell minors into circumstances that endanger their well-being, dignity, and rights.
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