Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section99: Buying child for purposes of prostitution, etc.
Whoever buys, hires, or otherwise obtains possession of any child with the 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.
Brief Detail
Section 99 of BNS addresses the criminal act of buying or obtaining possession of a child with the intent for prostitution, illicit intercourse, or other unlawful purposes. The punishment for such acts includes imprisonment ranging from seven to fourteen years, along with a fine. Special provisions are made for those managing brothels, presuming intent to use the child for prostitution unless proven otherwise.
Question & Answers
Q1: What does Section 99 of BNS criminalize?
A1: Section 99 criminalizes buying, hiring, or otherwise obtaining possession of a child with the intent for prostitution, illicit intercourse, or any unlawful and immoral purpose.
Q2: What is the punishment for violating Section 99?
A2: The punishment includes imprisonment for a term not less than seven years but which may extend to fourteen years, and a fine.
Q3: What does Explanation 1 of Section 99 state?
A3: Explanation 1 presumes that any prostitute or person managing a brothel who obtains possession of a female under eighteen years of age intends for her to be used for prostitution, unless proven otherwise.
Q4: How is illicit intercourse defined in Section 99?
A4: llicit intercourse has the same meaning as defined in section 98.
Example
Example 1: A person who buys a 16-year-old girl with the intent to use her for prostitution would be guilty under Section 99 and could face imprisonment of 7 to 14 years and a fine.
Example 2: If someone managing a brothel obtains a 17-year-old female, they are presumed under Section 99 to have done so with the intent to use her for prostitution, unless proven otherwise.
Summary
Section 99 of BNS provides severe penalties for individuals who buy or obtain possession of children with the intent of using them for prostitution or illicit purposes. The law presumes intent in cases involving those managing brothels and specifies that such offenses carry significant prison terms and fines.
