BNS Section 96: Procuration of a Child

Section 96 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It pertains to the offense of procuration of a child, addressing the act of inducing or compelling a child to engage in unlawful or exploitative activities. This section aims to penalise individuals who exploit children, whether through force, deceit, or coercion, to engage in activities that violate their rights and dignity.

Definition of BNS Section 96

Section 96 of the BNS 2023 States:
Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine

Explanation and Illustration of Section 96 (Bharatiya Nyaya Sanhita, 2023)

The act involves inducing a child (a person below a certain age, often under 18 as per many legal systems) to:

Go from any place (e.g., be removed from their current location).
Do any act (perform any action or activity).

Intent: The inducement is done with the intention that the child may:

Be forced into illicit intercourse with another person.

Be seduced into illicit intercourse with another person.

Knowledge: The person inducing the child knows it is likely that the child will be subjected to such actions.

Illicit Intercourse: Refers to any sexual activity that is considered illegal or improper under the law, particularly with minors.

Punishment: The offense is punishable with:

Imprisonment: May extend up to 10 years.

Fine: The offender is also liable to pay a monetary penalty.

Purpose of the Law:
This provision is aimed at safeguarding children from being lured or manipulated into situations of sexual exploitation. It seeks to:

Penalise individuals who exploit vulnerable children

Act as a deterrent to crimes involving child abuse and trafficking

Ensure the safety and well-being of children in society.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS Section 96

Offense Definition: This provision targets inducing a child (under 18) to leave a location or engage in actions aimed at exposing them to illicit sexual activity

Intent: The perpetrator must have the intent to force or seduce the child into illicit intercourse, making the motivation crucial to the offense

Punishment: Offenders face up to ten years of imprisonment and a financial penalty

Protection of Minors: The law aims to protect minors from sexual exploitation and abuse

Scope: It covers a wide range of actions used to manipulate or coerce a child into illicit acts.

Differences Between Section 96 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 96 and its equivalent Indian penal code IPC section 366A focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
96	Procuration of a child.	366A	Words 'minor girl under the age of eighteen years' are replaced by word 'child' and made gender neutral.

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FAQs about Section 96 of the Bharatiya Nyaya Sanhita (BNS)

Can the perpetrator be prosecuted if they were unaware of the child’s eventual abuse?

The section does not require the perpetrator to be aware of the specific act of sexual exploitation. It only requires the knowledge that such abuse is likely, thus covering situations where the individual induces the child under such circumstances

What are the legal implications for those who 'induce' a child to leave a location?

Anyone who persuades or forces a child to leave any place for the purpose of exploiting them sexually can be prosecuted under this section, regardless of how the child is induced to leave.

What is the significance of 'any means whatsoever'?

The phrase indicates that no matter how the child is induced—whether through direct persuasion, threats, or other methods—the perpetrator can still be charged under Section 96

Does the law consider the age of the child in these cases?

Yes, the law is specifically designed to protect minors from being exploited for sexual purposes. It does not matter if the child is coerced or manipulated into engaging in illicit acts

What actions are considered as 'procuration' under this law?

Procuration involves any act of leading, sending, or taking a child with the intention or knowledge that the child will be subjected to illicit sexual acts

What is the broader legal context of Section 96 in BNS?

Section 96 is part of Chapter V in the Bharatiya Nyaya Sanhita, which addresses various offences against women and children, specifically sexual offences

How does Section 96 fit into the larger efforts to protect children?

This section is part of India's legal framework designed to prevent child exploitation and sexual abuse. It complements other laws targeting child trafficking, sexual assault, and abuse