Section 98 BNS

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Introduction of Section 98 BNS

Section 98 BNS is a law that protects children from being exploited for prostitution, immoral activities, or illicit intercourse. It lays out strict punishments for anyone who is involved in selling, hiring, or disposing of a child for these purposes. This law ensures that children, particularly girls under 18, are safeguarded against such heinous acts and that offenders are met with severe legal consequences.

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The Bharatiya Nyaya Sanhita (BNS) Section 99 replaces the old Indian Penal Code (IPC) Section 372.

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What is section 98 of BNS ?

BNS Section 98 deals with the exploitation of children by selling, hiring, or otherwise disposing of them for prostitution or any other immoral or illegal purposes. The punishment can be imprisonment for up to 10 years and a fine. It also presumes guilt in cases where a girl under the age of 18 is involved unless proven otherwise.

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BNS Section 98 in Simple Points

1. Prevention of Child Exploitation: This section protects children from being sold or hired for prostitution or any unlawful activity.
2. Strict Punishments: Offenders can face imprisonment for up to 10 years along with a fine, ensuring strict legal action against such exploitation.
3. Focus on Female Minors: Special provisions are made for girls under the age of 18, who are given additional protection under the law.
4. Presumption of Intent: If a girl under 18 is sold or hired for prostitution, the law assumes the intent was for exploitation unless proven otherwise.
5. Serious Crime: This offense is classified as non-bailable, cognizable (arrests without a warrant), and non-compoundable (cannot be settled between parties).

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Section 98 BNS Overview

BNS Section 98 criminalizes the act of selling or hiring a child for purposes related to prostitution or any unlawful and immoral activities. It also addresses cases where the person selling the child knows that the child might be used for such purposes. The law imposes penalties, including imprisonment of up to 10 years and a fine. This section prioritizes the protection of children from being exploited for immoral activities.

Section 98 BNS 10 Key Points

1. Child Protection Law: This section aims to protect children from being sold or hired for immoral purposes, including prostitution.
2. Includes All Forms of Exploitation: It not only covers prostitution but also any other unlawful or immoral activity involving children.
3. Harsh Punishment: The maximum punishment is 10 years of imprisonment, plus a fine, making it a serious offense.
4. Special Attention to Females Under 18: The law is stricter if the child is a girl under the age of 18, especially in cases where she is sold to a brothel.
5. Presumption of Guilt: In cases involving girls under 18, the law presumes that the child was sold for prostitution unless proven otherwise.
6. Cognizable Offense: Police can arrest without a warrant since it is a serious offense against children.
7. Non-Bailable: The accused cannot easily get bail, as the crime is considered extremely serious.
8. Non-Compoundable: This means the crime cannot be resolved through a settlement between the parties.
9. Court of Session Trial: These cases are tried in a higher court, indicating the gravity of the crime.
10. Explanation of “Illicit Intercourse”: The section explains that “illicit intercourse” refers to sexual relations between persons who are not married or otherwise legally united.

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BNS 98 Punishment

Imprisonment: The offender can face a prison sentence of up to 10 years for selling or hiring a child for prostitution or immoral purposes.

Fine: Along with imprisonment, the offender is liable to pay a fine, further increasing the penalty for the crime.

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Section 98 bns bailable or not ?

No, BNS Section 98 is a non-bailable offense due to its severe nature. This means the accused will find it very difficult to get bail and will most likely remain in custody until the trial is complete.

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Bharatiya Nyaya Sanhita Section 98

Section	Description	Punishment	Bailable	Compoundable	Trial By
BNS Section 98	Selling, hiring, or disposing of a child for prostitution or immoral purposes.	Imprisonment up to 10 years & fine	No	No	Court of Session

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BNS Section 98 FAQs

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