BNS Section 98 — Selling child for purposes of prostitution, etc

Summary

Whoever sells, lets out on hire, or otherwise gives away any child, intending that the child will at some age be used for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose, or knowing that it is likely the child will be used for any such purpose, is punishable with imprisonment of either kind for up to ten years, and also with a fine.

Explanation 1 states that when a female under eighteen years of age is sold, let for hire, or otherwise given away to a prostitute or to someone who keeps or manages a brothel, the person giving her away is presumed, until the contrary is proved, to have done so with the intent that she be used for prostitution.

Explanation 2 defines illicit intercourse as sexual intercourse between persons who are not united by marriage, and who are also not united by any union or tie that, though not amounting to marriage, is recognised by the personal law or custom of the community to which they belong, or where they belong to different communities, of both such communities, as constituting a quasi-marital relation between them.

Official Text

Whoever sells, lets to hire, or otherwise disposes 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 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 recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.522 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §372 — Selling child for purposes of prostitution, etc