Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section98: Selling child for purposes of prostitution, etc.
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.
Brief Detail
BNS Section 98 prohibits the sale, hire, or other disposal of a child for purposes of prostitution, illicit intercourse, or other unlawful and immoral uses. The section mandates imprisonment for up to ten years and a fine for such offenses. If a female under eighteen is sold or hired to a prostitute or brothel manager, it is presumed that the intent was for prostitution unless proven otherwise.Illicit intercourse refers to sexual relations outside of marriage or a recognized quasi-marital relationship.
Question & Answers
Q1: What actions are prohibited under BNS Section 98?
A1: BNS Section 98 prohibits selling, letting to hire, or otherwise disposing of a child with the intent that the child be used for prostitution, illicit intercourse, or other unlawful and immoral purposes.
Q2: What are the penalties for violating BNS Section 98?
A2: The penalties include imprisonment for up to ten years and a fine.
Q3: What presumption is made when a female under eighteen is sold or let for hire to a prostitute or brothel manager?
A3: It is presumed that the female was disposed of with the intent that she be used for prostitution unless proven otherwise.
Q4: How is illicit intercourse defined in this section?
A4: Illicit intercourse means sexual intercourse between persons not united by marriage or by any recognized quasi-marital relationship according to personal law or custom.
Example
Example 1: A person is convicted under BNS Section 98 for selling a 16-year-old girl to a brothel manager. The court imposes a sentence of 8 years in prison and a fine.
Example 2: A case involves a person who let a child for hire with the intent of using the child for illicit purposes. The individual is found guilty and sentenced to 10 years imprisonment along with a fine.
Example 3: A person is charged under BNS Section 98 for disposing of a female under eighteen to a known prostitute. The presumption of intent to use her for prostitution leads to a conviction and a 7-year prison term with a fine.
