Section 98 BNS

Section 98 of the Bharatiya Nyaya Sanhita is a powerful provision aimed at eliminating child trafficking and sexual exploitation. It ensures that thos

Section 98 BNS: Selling or Buying Child for Prostitution, etc. – Complete Guide

Introduction

Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with a very serious offence—selling, buying, hiring, or otherwise disposing of a child for the purpose of prostitution, illicit intercourse, or any immoral activity. This provision is extremely important because it directly targets child trafficking and sexual exploitation, which are among the most heinous crimes in society.

Children are highly vulnerable and can be easily exploited by traffickers and criminal networks. Section 98 aims to prevent such exploitation by imposing strict punishment and by creating a legal presumption against offenders involved in such activities.

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Exact Text of Section 98 BNS

Whoever sells, lets to hire, or otherwise disposes of any child below the age of eighteen years 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 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 recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities.

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Simple Meaning of Section 98

In simple words, Section 98 means:

• If a person sells, buys, hires, or transfers a child,
• For prostitution, sexual exploitation, or immoral purposes,

👉 It is a serious criminal offence.

Even if the act has not yet occurred, intention or knowledge is enough.

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Objective of the Law

The main objectives of Section 98 are:

• Prevent child trafficking
• Protect children from sexual exploitation
• Punish those involved in immoral activities
• Ensure safety and dignity of minors

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Essential Ingredients of the Offence

To establish an offence under Section 98, the following elements must be present:

Child Must Be Below 18 Years

The victim must be:

• A minor (below 18 years)

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Act of Selling, Hiring or Disposing

The accused must:

• Sell, or
• Let for hire, or
• Transfer or dispose of the child

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Intention or Knowledge

The accused must:

• Intend exploitation, or
• Know it is likely

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Purpose of Exploitation

The purpose must be:

• Prostitution
• Illicit intercourse
• Immoral or unlawful activities

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Meaning of Key Terms

Prostitution

Using a person for sexual activity in exchange for money.

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Illicit Intercourse

Sexual relations outside lawful marriage or recognized relationships.

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Immoral Purpose

Any activity that is:

• Illegal
• Exploitative
• Against public morality

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Legal Presumption (Very Important)

The law creates a presumption:

👉 If a minor girl is given to a prostitute or brothel keeper:

• It is presumed that the intent was prostitution
• Unless proven otherwise

This makes prosecution easier.

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Punishment under Section 98

The punishment includes:

• Imprisonment up to 10 years, and
• Fine

👉 Strict punishment due to seriousness.

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Nature of the Offence

• Cognizable
• Non-bailable
• Very serious offence

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Examples for Better Understanding

A person sells a child to a trafficking network.

A child is hired for prostitution.

Someone transfers a minor to a brothel.

A child is given for immoral activities.

👉 All these are offences under Section 98.

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Difference from Other Sections

Section 98 vs Section 96

• Section 96 → Inducing child
• Section 98 → Selling or transferring child

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Section 98 vs Section 95

• Section 95 → Using child for crime
• Section 98 → Sexual exploitation

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Importance of Section 98

Protects Children

Ensures safety from exploitation.

Prevents Trafficking

Targets organized crime.

Strong Deterrence

Strict punishment discourages offenders.

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Legal and Social Impact

This section helps:

• Reduce child trafficking
• Promote child rights
• Strengthen law enforcement

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Challenges in Implementation

Hidden Networks

Trafficking networks operate secretly.

Lack of Evidence

Difficult to trace transactions.

Social Issues

Poverty increases vulnerability.

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Role of Society

• Report suspicious activities
• Protect children
• Spread awareness

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Role of Government

• Strict enforcement
• Rescue operations
• Rehabilitation programs

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Key Takeaways

• Section 98 deals with selling or buying children
• Focus on sexual exploitation
• Includes presumption of intent
• Punishment up to 10 years
• Protects dignity and rights of children

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Conclusion

Section 98 of the Bharatiya Nyaya Sanhita is a powerful provision aimed at eliminating child trafficking and sexual exploitation. It ensures that those who misuse children for immoral purposes are punished severely.

In simple terms:

Selling or using a child for prostitution or immoral activities is a serious crime.

This section plays a crucial role in protecting children and ensuring a society where every child can live with dignity, safety, and freedom from exploitation.