Bharatiya Nyaya Sanhita 2023
Section 99 :
Buying child for purposes of prostitution, etc :
(See section 373 of IPC 1860)
Section : 99
Classification of Offence:
Offence : Buying child for purposes of prostitution, etc.
Punishment : Imprisonment for not less than 7 years but which may extend to 14 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Whoever buys, hires or otherwise obtains possession 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 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.
Indian Penal Code 1860 (IPC 1860)
Section 373 :
Buying minor for purposes of prostitution, etc:
(See section 99 of BNS 2023)
Classification of Offence:
Offence: Buying or obtaining possession of a minor for the same purposes.
Punishment :Imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Whoever buys, hires or otherwise obtains possession of 1.[any person under the age of eighteen years with intent that such person 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 hat such person will at any age be] employed or used for any 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.
2.[Explanation I :
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 II :
Illicit intercourse has the same meaning as in section 372].
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1. Subs. by Act 18 of 1924, s. 2, for certain words.
2. Added by Act 18 of 1924, s. 4.