Section 98 BNS : Selling child for purposes of prostitution, etc .

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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 98 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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Bare Act – BNS Section 98

Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall be employed or used for the purpose of prostitution, or for any unlawful and immoral purpose, or knowing it to be likely that such person will be so employed or used, shall be punished with imprisonment which may extend to ten years, and shall also be liable to fine.

Explanation:
When a female under the age of eighteen years is sold, let to hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with intent that she shall be used for the purpose of prostitution.”

• Who can be punished?
  Anyone—parent, guardian, relative, trafficker, broker, or stranger—who is directly or indirectly involved in selling, hiring, or transferring a child under 18 for exploitation.
• Age Limit
  The law protects all minors under 18 years. Unlike earlier IPC provisions that mostly mentioned “girls,” Section 98 of BNS makes it gender-neutral—covering both boys and girls.
• What actions are covered?
  • Selling a child for money or benefits
  • Hiring a child for immoral use
  • Disposing of a child in any manner where exploitation is intended or likely
• Key Element – Intent or Knowledge
  • The person must either intend that the child will be used for prostitution or immoral purposes, OR
  • They must know that it is likely the child will be exploited.
    Even if the seller claims ignorance, if it is proved they “knew” the risk, they are guilty.
• Special Presumption for Girls Under 18
  If a girl under 18 is sold or transferred to a prostitute or to someone who manages a brothel, the law automatically presumes it was for prostitution—unless the accused can prove otherwise. This shifts the burden of proof onto the offender.
• Definition of “Illicit Intercourse”
  The law clarifies that illicit intercourse means sexual relations outside marriage or legal union. Any commercial sexual exploitation of children falls under this.
• Punishment
  • Imprisonment up to 10 years
  • Fine (amount decided by the court)
  • Both imprisonment + fine
    The sentence reflects the gravity of child trafficking and exploitation.
• Why this law is important
  This provision is designed to fight child trafficking and sexual exploitation. By making intent presumed in some cases (girls under 18 sent to brothels), it prevents offenders from escaping on technicalities.

Legal Nature of the Offense

Cognizable – Police can arrest without a warrant.

• Non-bailable – Bail is not a right; court decides.
• Non-compoundable – The case cannot be settled privately.
• Triable by Court of Session – Only higher criminal courts handle such serious offenses.

Illustrations (Examples)

Example 4 (Not an Offense): A couple legally adopts a 12-year-old child following proper procedures for education and care. Since there is no intent of exploitation, it is not covered under Section 98.

Example 1 (Offense): A trafficker sells a 16-year-old boy to work in a place known for sexual exploitation. He is guilty under Section 98.

Example 2 (Offense – Presumption): A 17-year-old girl is sold to a brothel owner. The law presumes it was for prostitution, and the offender must prove otherwise.

Example 3 (Offense): A woman “hires” a 15-year-old child for pornography production. This is exploitation under Section 98.

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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

• Child Protection Law
  • The main purpose of Section 98 is to safeguard children under 18 years from being exploited.
  • It criminalizes the selling, hiring, or disposal of minors for prostitution or immoral activities.
  • This ensures that children are treated as individuals with rights, not as commodities.
• Includes All Forms of Exploitation
  • The law does not stop at prostitution.
  • It also covers any form of immoral, unlawful, or exploitative use of children such as child pornography, trafficking, or forced labor in sexual activities.
  • This broad coverage makes it harder for offenders to find loopholes.
• Harsh Punishment
  • Offenders face imprisonment up to 10 years.
  • A fine can also be imposed, either alone or along with jail time.
  • This heavy penalty reflects how seriously the law views crimes against children.
• Special Attention to Females Under 18
  • The law gives extra protection to minor girls.
  • If a girl under 18 is sold or transferred to a brothel, the law automatically assumes it was for prostitution.
  • This ensures that traffickers cannot escape by claiming ignorance.
• Presumption of Guilt
  • In cases involving girls under 18, the burden of proof shifts to the offender.
  • Until proven otherwise, the court will presume that the girl was sold for prostitution.
  • This makes prosecution easier and strengthens child protection.
• Cognizable Offense
  • The crime is cognizable, meaning police can arrest without a warrant.
  • This allows for immediate action against traffickers and prevents delays that could harm children further.
• Non-Bailable
  • The offense is non-bailable, which means the accused cannot demand bail as a matter of right.
  • Only the court can decide whether bail should be granted.
  • This ensures traffickers remain in custody during investigation.
• Non-Compoundable
  • The offense cannot be settled privately between the victim and the accused.
  • This prevents traffickers from using money or pressure to silence families and escape punishment.
  • The case must proceed through proper legal channels.
• Court of Session Trial
  • Cases under Section 98 are tried in the Court of Session, not by lower magistrates.
  • This reflects the seriousness of the crime and ensures stronger judicial oversight.
• Explanation of “Illicit Intercourse”
  • The law defines illicit intercourse as sexual relations between individuals who are not legally married or united.
  • Any commercial or exploitative sexual activity with a child falls under this definition.
  • This prevents offenders from justifying exploitation under the guise of consent or informal relationships.

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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 Summary Table

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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Comparison Between BNS Section 98 and IPC Section 372

Aspect	BNS Section 98	IPC Section 372
Provision	Selling, hiring, or disposing of a child under 18 for prostitution/immoral purposes	Same wording
Age Limit	Protects all children (boys & girls) under 18	Protects under 18 (mainly girls)
Presumption	Girls under 18 sold to brothels → intent presumed	Same presumption existed
Punishment	Up to 10 years imprisonment + fine	Up to 10 years imprisonment + fine
Legal Nature	Cognizable, non-bailable, non-compoundable	Cognizable, non-bailable, non-compoundable
Trial Court	Court of Session	Court of Session
Framework	Updated under BNS, 2023	IPC, 1860 (colonial law)

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Conclusion

Section 98 of the Bharatiya Nyaya Sanhita is one of the strongest child protection provisions in Indian law. By criminalizing the sale, hire, or disposal of children for prostitution and immoral activities, it directly targets traffickers and exploiters. The presumption of guilt for cases involving minor girls ensures that offenders cannot escape on technical grounds. With imprisonment up to 10 years, non-bailable status, and trial in the Court of Session, this section sends a strong message that child exploitation will never be tolerated.

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BNS Section 98 FAQs

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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.

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