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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.
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 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.
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.
This section outlines the key differences between Section 99 of BNS and its equivalent 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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