BNS Section 99 : Buying Child for Purposes of Prostitution, Etc
Section 99 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This provision criminalises the act of acquiring a minor for any form of abuse, recognising the need to shield children from being treated as commodities. By penalising those who seek to profit from or engage in the exploitation of minors, the section underscores the importance of protecting children’s rights and ensures strict consequences for those contributing to such exploitation.
Definition of BNS Section 99
Section 99 of the BNS 2023 States:
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 and Illustration of Section 99 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS Section 99
Differences Between Section 99 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 99 and its equivalent Indian penal code IPC section 373 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 |
|---|---|---|---|
| 99 | Buying minor for purposes of prostitution, etc. | 373 | Minimum mandatory punishment is introduced as seven years, and the upper limit of imprisonment is extended up to fourteen years in BNS, in place of ten years in IPC. Words 'any person under the age of eighteen years' are replaced by the word 'child'. |
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FAQs about Section 99 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 99 of the Bharatiya Nyaya Sanhita (BNS) criminalise?
Section 99 criminalises buying, hiring, or obtaining possession of a child under the age of eighteen with the intent to use the child for prostitution, illicit sexual activities, or any immoral purpose.
What is the required intent under Section 99 for an offense to occur?
The offender must have the intent to use the child for unlawful purposes, such as prostitution or illicit sexual activities, or must know that the child will likely be used for these purposes.
What is the punishment for violating Section 99?
The punishment includes imprisonment for a minimum of seven years, which can extend to fourteen years, along with possible fines.
Does Section 99 apply to children under the age of eighteen?
Yes, Section 99 specifically applies to children under the age of eighteen who are bought, hired, or obtained for immoral purposes such as prostitution or illicit intercourse.
How does Section 99 aim to protect children?
The law is designed to protect children from being exploited, trafficked, or abused for sexual exploitation, by imposing severe penalties on those involved in such activities.
Can a person be convicted under Section 99 even if the child is not yet used for illicit purposes?
Yes, if the offender intends or knows that the child will likely be used for immoral purposes in the future, they can still be convicted under Section 99.
