Selling child for purposes of prostitution, etc
What this section does
This section penalises selling, letting for hire, or otherwise disposing of a child with the intent or knowledge that the child will be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose at any age. A rebuttable presumption of such intent arises when a female under eighteen is disposed of to a prostitute or brothel-keeper.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term which may extend to 10 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused sold, let to hire, or otherwise disposed of a child
- The accused intended, or knew it to be likely, that the child would at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose
Practitioner note
Explanation 1 creates a rebuttable presumption of intent when a female under 18 is disposed of to a prostitute or brothel-keeper. Explanation 2 defines 'illicit intercourse' to include sexual intercourse outside marriage or a recognised quasi-marital union.
Derived from IPC s.372.
Read the official text
For the binding statutory text of BNS Section 98, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 98 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.