Indian criminal law | Updated 30 October 2026
IPC Section 366A: Procuration of Minor Girl and BNS Section 96
Section 366A of the Indian Penal Code, 1860 punished inducing a girl below eighteen years of age to go from any place or do any act with the intention, or knowledge of the likelihood, that she would be forced or seduced to illicit intercourse with another person. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 96 - Procuration of child.
What does IPC Section 366A provide?
Statutory text: Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
The provision targets procuration by inducement. It does not require the prosecution to prove that illicit intercourse actually occurred, provided the statutory act and requisite intent or knowledge are established.
Current law: BNS Section 96 - Procuration of child
Section 96 of the Bharatiya Nyaya Sanhita, 2023 addresses a person who, by any means whatsoever, induces any child to go from any place or to do any act, intending that the child may be, or knowing it is likely that the child will be, forced or seduced to illicit intercourse with another person.
Punishment: Imprisonment which may extend to ten years, and fine. The BNS uses the gender-neutral term child. Under BNS Section 2(3), a child means a person below eighteen years of age.
Essential ingredients of the offence
- Inducement: The accused must induce the protected person by some means to go from a place or to do an act.
- Age: Under IPC Section 366A, the person induced must be a girl below eighteen; under BNS Section 96, the person must be a child below eighteen, irrespective of gender.
- Required intention or knowledge: The accused must intend, or know it to be likely, that the child will be forced or seduced to illicit intercourse with another person.
- Connection: The prosecution must prove the connection between the inducement and the prohibited intention or knowledge; mere travel or a conversation, without the necessary elements, does not itself establish the offence.
Punishment and legal classification
| Point | IPC Section 366A | BNS Section 96 |
|---|---|---|
| Title | Procuration of minor girl | Procuration of child |
| Person protected | Girl below 18 years | Child below 18 years |
| Maximum imprisonment | 10 years | 10 years |
| Fine | Also liable to fine | Also liable to fine |
| Nature of offence | Cognizable and non-bailable | Cognizable and non-bailable |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under BNS Section 96 is triable by the Court of Session. A non-bailable classification does not mean bail can never be granted; bail depends on the applicable procedure and judicial assessment.
Meaning of key legal expressions
Induces
Inducement involves influencing or persuading a person to go somewhere or do something. Whether words, promises, deception or other conduct amount to inducement depends on the evidence and surrounding circumstances.
Minor girl and child
IPC Section 366A expressly referred to a girl under eighteen. BNS Section 96 refers to a child, defined in Section 2(3) BNS as a person below eighteen years of age.
Intent or knowledge of likelihood
The offence requires proof that the accused intended the prohibited outcome or knew that it was likely. This mental element is central to the charge and cannot be assumed merely because the child changed location.
With another person
The statutory language concerns the child being forced or seduced to illicit intercourse with another person. This phrase is part of the offence and should be considered carefully when assessing the alleged conduct.
Related criminal law provisions
Depending on the facts, conduct may also engage IPC Section 366 (corresponding BNS Section 87), IPC Section 366B, kidnapping provisions, trafficking provisions, or the Protection of Children from Sexual Offences Act, 2012 (POCSO). Each statute has distinct ingredients; offences should not be treated as interchangeable.
Reporting and legal procedure
Where a child is at risk of sexual exploitation, the matter should be reported promptly to the police or competent child-protection authority. See the website's guide on registration of an FIR and steps when police refuse to register a complaint.
Official legislation and reference links
- India Code - official central legislation repository (search for the Bharatiya Nyaya Sanhita, 2023, Section 96, and the Indian Penal Code, 1860, Section 366A).
- Ministry of Home Affairs - central criminal law notifications and materials.
- National Crime Records Bureau - criminal law reference materials.
Frequently asked questions
Which BNS section replaces IPC Section 366A?
Section 96 of the BNS, titled "Procuration of child", is the corresponding provision.
Is the offence limited to girls under the BNS?
No. BNS Section 96 uses the term "child", which covers persons below eighteen years of age without the gender restriction in the former IPC Section 366A.
What is the maximum punishment?
Imprisonment for up to ten years and a fine under both IPC Section 366A and BNS Section 96.
Must sexual intercourse actually take place?
The statutory offence concerns inducement with the specified intent or knowledge; proof that intercourse actually occurred is not a separate required element of this provision.
This article is general legal information, not case-specific legal advice. Verify the applicable law, procedural classification and any amendments against the official text for the date of the alleged offence.