Introduction of BNS Section 96
BNS Section 96 deals with the procuration of a child for illicit intercourse or exploitation. This law criminalizes any act of inducing, deceiving, or forcing a child under 18 into situations where they may be sexually exploited or trafficked. Replacing IPC Section 366A, this new provision expands protection to all children (boys and girls), ensuring stronger safeguards against child exploitation. The offense is cognizable, non-bailable, and tried by the Court of Session, with punishment extending up to 10 years imprisonment and fine.
The Bharatiya Nyaya Sanhita (BNS) Section 96 replaces the old Indian Penal Code (IPC) Section 366A.
- Introduction of BNS Section 96
- The Bharatiya Nyaya Sanhita (BNS) Section 96 replaces the old Indian Penal Code (IPC) Section 366A.
- What is Section 96 BNS ?
- Bare Act – BNS Section 96
- Section 96 BNS Overview
- Section 96 BNS Punishment
- BNS 96 bailable or not ?
- Bharatiya Nyaya Sanhita Section 96
- Difference Between BNS Section 95 and IPC 366A
- BNS Section 96 FAQs
- Conclusion
- Need Legal Support?
What is Section 96 BNS ?
BNS Section 96 focuses on the crime of procuring a child for the purpose of illicit intercourse or any harmful act. It criminalizes the act of inducing or forcing a child to leave a place or perform actions that could result in exploitation. Offenders can face imprisonment for up to 10 years and fines.
Bare Act – BNS Section 96
Text of the Section:
“Whoever, by any means whatsoever, induces any child under the age of eighteen years to go from any place or to do any act with the intent or knowledge that such child may be forced or seduced to illicit intercourse with another person, shall be punished with imprisonment which may extend to ten years, and shall also be liable to fine.”
Who can be punished?
Any person—male or female, relative or stranger—who persuades, tricks, forces, or manipulates a child (under 18 years) into leaving a place or doing something with the knowledge that the child will be exploited.
Key element – Procuration of a child
The law punishes not the intercourse itself, but the act of procuring (bringing, inducing, or transporting) a child for that purpose. Even if the procurer did not personally commit the exploitation, they are still guilty if they knew the child was being sent for it.
Means of inducement
- Promises of money, gifts, or career opportunities
- Threats, pressure, or emotional manipulation
- Force or fraud
Punishment
- Imprisonment of up to 10 years
- Fine in addition to imprisonment
This makes it one of the strict child protection provisions under BNS.
Why this law is important
This provision is aimed at preventing child trafficking, prostitution, and sexual exploitation at the earliest stage—before the child is even forced into the act. It closes loopholes where middlemen or traffickers might otherwise escape punishment.
Legal Nature of the Offense
- Cognizable: Police can arrest without a warrant.
- Non-bailable: The accused cannot claim bail as a right; it depends on court discretion.
- Non-compoundable: The case cannot be settled privately between parties.
- Triable by: Court of Session, since it is a grave crime.
Illustrations (Examples)
- Example 1 (Offense): A man promises a 16-year-old girl a film career, knowing she will actually be sent into a trafficking network. He is guilty under Section 96.
- Example 2 (Offense): A woman gives gifts to a 15-year-old boy and convinces him to meet someone for sexual exploitation. She is guilty under this law.
- Example 3 (Not an Offense): A teacher convinces a 17-year-old student to join a science competition in another city. Since there is no illicit intent, it does not fall under Section 96.
Section 96 BNS Overview
BNS Section 96 deals with the crime of procuration of a child. This law punishes individuals who induce or force a child to engage in illicit intercourse. The punishment includes imprisonment, which can extend to 10 years, and a fine
10 Key Points of BNS Section 96
- Procuration Defined – Procuration means inducing or forcing a child under 18 to leave a place or do something that may lead to illicit intercourse.
- Child Protection – The section is designed to protect all children (boys and girls) under 18 from sexual exploitation.
- Intent or Knowledge Required – The offender must either intend or know that the child will be used for illicit intercourse.
- Methods of Inducement – Includes promises, fraud, threats, force, or gifts. The method does not matter, only the intent.
- Serious Punishment – Offenders can be jailed for up to 10 years, plus fine.
- Non-Bailable – The accused cannot automatically get bail; it is granted only if the court allows.
- Cognizable – Police can arrest the offender without waiting for a warrant.
- Non-Compoundable – The crime cannot be settled or withdrawn between victim and offender; trial is mandatory.
- Applies to Everyone – Covers any individual (family member, trafficker, stranger) who induces the child.
- Court of Session Trial – Due to its gravity, cases under Section 96 are tried in the Court of Session, not by lower magistrates.
Section 96 BNS Punishment
The punishment under Section 96 is rigorous imprisonment up to 10 years, plus fine. Since the offense involves children, courts usually impose strict sentences to deter trafficking and exploitation
BNS 96 bailable or not ?
Non-bailable means the accused cannot be released easily. The court ensures that offenders stay in custody to protect the child and prevent tampering with evidence.
Comparison: BNS Section 96 vs IPC Section 366A
| Section | Offense | Punishment | Cognizable? | Bailable? | By What Court Triable |
|---|---|---|---|---|---|
| BNS Section 96 | Procuration of a child (any person under 18 years) for illicit intercourse or exploitation by inducement, force, fraud, or manipulation. | Imprisonment up to 10 years, and fine. | Cognizable | Non-bailable | Court of Session |
| IPC Section 366A (Old) | Procuration of a minor girl (under 18 years) for illicit intercourse with another person through inducement, force, or deceit. | Imprisonment up to 10 years, and fine. | Cognizable | Non-bailable | Court of Session |
BNS Section 96 FAQs
What is BNS Section 96?
BNS Section 96 criminalizes the act of inducing or forcing a child into illicit intercourse or exploitative situations.
What is the punishment under BNS Section 96?
The punishment can extend to 10 years of imprisonment and a fine.
Is BNS Section 96 bailable?
No, it is a non-bailable offense.
Is BNS Section 96 cognizable?
Yes, it is a cognizable offense, meaning the police can arrest without a warrant.
What type of court tries BNS Section 96 cases?
The cases are tried by the Court of Session.
Who can be charged under BNS Section 96?
Anyone who induces or forces a child into situations where they may be subjected to illicit activities can be charged.
Conclusion
BNS Section 96 is a powerful child protection law under the Bharatiya Nyaya Sanhita that strengthens safeguards against child trafficking, exploitation, and sexual abuse. Unlike IPC Section 366A, which was limited to minor girls, this provision covers all children under 18 years of age, ensuring gender-neutral protection. With strict punishment of up to 10 years of imprisonment and fines, along with its non-bailable and cognizable nature, this section ensures that offenders face strong legal action. It represents a modern, victim-centric approach aimed at preventing crimes at the earliest stage and protecting children from being lured or forced into exploitation.
Need Legal Support?
If you’re facing court proceedings, marriage-related issues, or any legal matter, our team at Marriage Solution – Lawyer Help is ready to guide you. Just complete our easy online enquiry form, and we’ll connect you with the right legal assistance tailored to your needs.
Finished with BNS 96 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 97 : Kidnapping or abducting child under ten years with intent to steal from its person .
- https://marriagesolution.in/bns_section/bns-section-97/
- Section 98 BNS : Selling child for purposes of prostitution, etc .
- https://marriagesolution.in/bns_section/section-98-bns/
- Section 99 BNS : Buying child for purposes of prostitution, etc .
- https://marriagesolution.in/bns_section/section-99-bns/
- BNS 100 : Culpable homicide .
- https://marriagesolution.in/bns_section/bns-100/
- BNS 101: Murder .
- https://marriagesolution.in/bns_section/bns-101/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list