BNS Section 98 : Selling Child for Purposes of Prostitution, etc.
Section 98 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It criminalises the act of selling a child for exploitative purposes, including prostitution or any other form of abuse. This provision is designed to protect children from trafficking and sexual exploitation by penalising individuals who, for monetary gain or other benefits, sell minors into circumstances that endanger their well-being, dignity, and rights.
Definition of BNS Section 98
Section 98 of the BNS 2023 States:
Whoever sells, lets to hire, or otherwise disposes 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 may extend to ten years, and shall also be liable to fine.
Explanation and Illustration of Section 98 (Bharatiya Nyaya Sanhita, 2023)
Explanation 1.—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 2.—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 quasi-marital relation.
Key Points of Section 98
Differences Between Section 98 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 98 and its equivalent Indian penal code IPC section 372 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 |
|---|---|---|---|
| 98 | Selling minor for purposes of prostitution, etc. | 372 | 'minor' is replaced by 'child' in heading and words 'any person under the age of eighteen years' are replaced by the word 'child'. |
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FAQs about Section 98 of the Bharatiya Nyaya Sanhita (BNS)
What are examples of grievous hurt under Section 98?
Examples include the loss of sight, loss of hearing, permanent loss of a limb, fractures, permanent disfigurement, or injuries that endanger life or cause long-term health issues.
What is the punishment for grievous hurt under Section 98?
Punishment may include imprisonment for a term that can extend up to 10 years, fines, or both. The severity of the punishment depends on the nature and extent of the injury.
How does Section 98 protect victims of serious harm?
Section 98 provides legal recourse for victims who suffer severe injuries. By penalising those who cause grievous hurt, it acts as a deterrent against such serious acts of violence.
Does Section 98 apply if harm is caused unintentionally?
No, Section 98 applies only if the grievous hurt is caused voluntarily. The offender must either intend to cause such harm or know that their actions are likely to result in serious injury.
What evidence is required to prove grievous hurt under Section 98?
Medical reports detailing the extent of the injury, eyewitness accounts, and proof of the offender’s intent are essential to establish a case under Section 98.
