BNS Section 98
What is the punishment for selling a child for prostitution or illicit intercourse?
Short answer
The offender can be sentenced to up to ten years in prison and also be ordered to pay a fine.
In detail
Under Section 98 of the Bharatiya Nyaya Sanhita, 2023, anyone who sells, hires out, or otherwise disposes of a child with the intention that the child will be used for prostitution, illicit sexual activity, or any other immoral purpose, or who knows it is likely the child will be used that way, commits a criminal offence. The law mandates imprisonment of any description for a term that may extend to ten years, and the court may also impose a monetary fine. An additional provision presumes that if a girl under eighteen is sold to a prostitute or a brothel keeper, the seller intended her use for prostitution unless proven otherwise. The statute also defines "illicit intercourse" as sexual relations between people not bound by marriage or a recognized quasi‑marital relationship under personal law or custom. These provisions aim to protect children from exploitation and impose severe penalties on those who facilitate it.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What does the law define as "illicit intercourse" under this section?
- Is there a presumption of intent when a girl under 18 is sold to a brothel?
- What penalties apply for buying a child for prostitution?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.