Bharatiya Nyaya Sanhita, 2023
Section 99
Buying child for purposes of prostitution, etc
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. Of offences affecting life
Why this exists
This provision descends from Section 373 of the old Indian Penal Code, 1860, which was designed to combat child trafficking for sexual exploitation and forced immoral labor. It reflects India's long-standing legal commitment — reinforced by international treaties against child trafficking — to protect children from being treated as commodities, especially by those running brothels or profiting from prostitution.
How courts read it
Courts under the earlier IPC Section 373 held that the prosecution must show either clear intent or knowledge that the child would likely be used for prostitution or immoral purposes; mere possession of a child, without such intent or knowledge, does not attract this offence. Courts have also relied on the presumption in Explanation 1 to ease the burden of proof against brothel-keepers and prostitutes found in possession of minor girls, shifting the burden to them to prove innocent intent.
Common misconceptions
- Myth: This law only applies if the child was actually used for prostitution.
Fact: The offence is complete once someone buys or obtains the child with the required intent or knowledge — actual use for prostitution does not need to have happened yet. - Myth: The law only protects girls.
Fact: The main offence applies to any child, though Explanation 1's special presumption about brothel-keepers applies specifically to females under 18.