Section 372 · Selling minor for purposes of prostitution, etc
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Whoever sells, lets to hire, or otherwise
disposes of any 1
[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 that such person will at any age be] employed or used for any such 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.—When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II—.For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasimarital relation.]
2[Explanation I.—When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II—.For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasimarital relation.]
The offence at a glance
- Punishment
- up to 10 years, fine (no stated ceiling)
- 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)
In the new law
IPC 372BNS 98
98. Selling child for purposes of prostitution, etc.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 1924Substituted
By: Act 18 of 1924
- 1924Inserted
By: Act 18 of 1924
By 3.
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.
