Section 99 BNS – Bhartiya Nyaya Sanhita, 2023 & equivalent IPC Section

Section-99 of Bhartiya Nyaya Sanhita, 2023: Buying child for purposes of prostitution, etc. –with corresponding and equivalent Sections of IPC-Indian Penal Code.

Bhartiya Nyaya Sanhita, 2023Indian Penal Code, 1860 (corresponding section)
99. 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.
373. Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains possession of any 2[person under the age of eighteen years with intent that such person 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 person 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.
3[Explanation I.—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 II.—“Illicit intercourse” has the same meaning as in section 372.]

Author

  • Prashant Kanha

    Advocate-on-Record at the Supreme Court of India with 14 years’ experience in civil, criminal, commercial and procedural matters. Partner at Redlaw Legal Services and author of legal analyses and commentary.

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