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BNS · Section 99 · Chapter V — OF OFFENCES AGAINST WOMAN AND CHILD

Buying child for purposes of prostitution, etc

What this section does

This section penalises buying, hiring, or otherwise obtaining possession 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 applies when a prostitute or brothel-keeper obtains possession of a female under eighteen.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Imprisonment of either description for not less than 7 years and which may extend to 14 years, and fine.
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused bought, hired, or otherwise obtained possession of a child
  2. 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

Carries a mandatory minimum of 7 years, making it more severely punished than the corresponding selling offence under section 98. Explanation 1 creates a rebuttable presumption against prostitutes and brothel-keepers who obtain possession of females under 18. 'Illicit intercourse' bears the same meaning as in section 98.

Old-law correspondence

Derived from IPC s.373.

Read the official text

For the binding statutory text of BNS Section 99, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 99 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.