BNS 98 — Selling child for purposes of prostitution, etc.

Bharatiya Nyaya Sanhita, 2023

Statutory text

98. 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.
Buying child for purposes of prostitution, etc.

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