Section 99 · Buying child for purposes of prostitution, etc
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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.
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.
The offence at a glance
- Punishment
- minimum 7 years, up to 14 years, fine (no stated ceiling)
- Statutory minimum
- 7 years
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
Under the old law
BNS 99IPC 373
373. Buying minor for purposes of prostitution, etc.
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