Section 99 BNS

Section 99 BNS: Buying Child for Prostitution, etc. – Complete Guide Introduction Section 99 of the Bharatiya Nyaya Sanhita (BNS), 2023 d...

Section 99 BNS: Buying Child for Prostitution, etc. – Complete Guide

Introduction

Section 99 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of buying, hiring, or otherwise obtaining possession of a child for prostitution, illicit intercourse, or any immoral purpose. This section works closely with Section 98, which punishes the selling of a child, while Section 99 punishes the buyer or receiver.

Child trafficking is a serious crime, and it involves both the seller and the buyer. Section 99 ensures that those who purchase or take control of a child for exploitation are punished strictly. This provision plays a crucial role in breaking the chain of trafficking and protecting children from sexual abuse.

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Exact Text of Section 99 BNS

Whoever buys, hires or otherwise obtains possession 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.—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female child shall, until the contrary is proved, be presumed to have obtained possession of such child with the intent that she shall be used for the purpose of prostitution.

Explanation 2.—“Illicit intercourse” has the same meaning as defined in Section 98.

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Simple Meaning of Section 99

In simple words, Section 99 means:

• If a person buys or takes a child,
• For prostitution or immoral purposes,

👉 It is a criminal offence.

Even if exploitation has not yet happened, intention or knowledge is enough.

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Objective of the Law

The main objectives of Section 99 are:

• Punish buyers in child trafficking
• Prevent sexual exploitation of children
• Break trafficking networks
• Protect minors from abuse

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Essential Ingredients of the Offence

To establish an offence under Section 99, the following elements must be present:

Child Must Be Below 18 Years

The victim must be:

• A minor

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Act of Buying or Obtaining Possession

The accused must:

• Buy, or
• Hire, or
• Obtain possession 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 activities

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Meaning of Key Terms

Buying

Paying money or giving consideration to obtain a child.

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Possession

Having control over the child.

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Prostitution

Using a person for sexual activity for money.

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Immoral Purpose

Any illegal or exploitative activity.

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Legal Presumption

The law creates an important presumption:

👉 If a prostitute or brothel keeper obtains a female child:

• It is presumed that the child is for prostitution
• Unless proven otherwise

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Punishment under Section 99

The punishment includes:

• Imprisonment up to 10 years, and
• Fine

👉 Severe punishment due to seriousness.

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Nature of the Offence

• Cognizable
• Non-bailable
• Serious offence

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Examples for Better Understanding

A person buys a child for sexual exploitation.

A brothel owner takes a minor girl for prostitution.

A trafficker hires a child for immoral activities.

👉 All these are offences under Section 99.

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Difference from Section 98

Section 98	Section 99
Selling child	Buying child
Focus on supplier	Focus on receiver
Punishes seller	Punishes buyer

👉 Both sections work together.

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Importance of Section 99

Targets Demand Side

Punishes buyers in trafficking.

Protects Children

Prevents exploitation.

Strong Deterrence

Discourages illegal activities.

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Legal and Social Impact

This section helps:

• Reduce trafficking networks
• Promote child safety
• Strengthen criminal justice

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Challenges in Implementation

Hidden Networks

Trafficking is often secret.

Evidence Issues

Difficult to trace transactions.

Social Factors

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 and rehabilitation
• Awareness programs

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Key Takeaways

• Section 99 deals with buying child for exploitation
• Covers prostitution and immoral purposes
• Includes legal presumption
• Punishment up to 10 years
• Protects children

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Conclusion

Section 99 of the Bharatiya Nyaya Sanhita is a crucial provision that punishes those who buy or obtain children for sexual exploitation. It complements Section 98 and ensures that both sides of trafficking—seller and buyer—are held accountable.

In simple terms:

Buying or taking a child for prostitution or immoral purposes is a serious crime.

This section plays a vital role in ensuring that children are protected from exploitation and can live with dignity, safety, and freedom.