IPC Section 372 and BNS Section 98: Selling Child for Prostitution
Section 372 of the Indian Penal Code, 1860 addressed selling, hiring out or otherwise disposing of a person below eighteen years of age for prostitution, illicit intercourse or an unlawful and immoral purpose. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 98, which has been in force since 1 July 2024.
What did IPC Section 372 provide?
IPC Section 372 punished a person who sold, let to hire or otherwise disposed of anyone under eighteen years of age, intending that the person be employed or used, at any age, for prostitution, illicit intercourse or any unlawful and immoral purpose, or knowing such use was likely.
Punishment: imprisonment of either description for up to ten years and liability to a fine.
Explanation I: Presumption regarding a female minor
Where a female under eighteen was sold, hired out or otherwise disposed of to a prostitute or a person keeping or managing a brothel, the law presumed, unless the contrary was proved, that the disposal was intended for prostitution.
Explanation II: Meaning of illicit intercourse
For this section, the statutory term referred to sexual intercourse between persons not joined by marriage or by a relationship recognised as quasi-marital under the applicable personal law or community custom. This is a definition within the historical statutory provision, not a general statement that all consensual relationships outside marriage are criminal.
Section 98 of the Bharatiya Nyaya Sanhita, 2023
Section 98 BNS is titled Selling child for purposes of prostitution, etc. It covers selling, letting to hire or otherwise disposing of a child with the specified intent or knowledge of likely exploitation, including exploitation occurring after the child reaches adulthood. The principal offence is framed in gender-neutral terms.
Punishment under Section 98 BNS: imprisonment of either description for a term extending to ten years and fine. Explanation 1 retains a rebuttable presumption where a female under eighteen is disposed of to a prostitute or brothel keeper or manager. Explanation 2 retains the provision-specific definition of illicit intercourse.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF) or the National Crime Records Bureau BNS text.
Essential ingredients of the offence
- Child: the person disposed of is below eighteen years of age at the relevant time.
- Prohibited act: sale, letting to hire or another form of disposal of the child.
- Required mental element: intent that the child be used for the specified exploitative purpose, or knowledge that such use is likely.
- Specified purpose: prostitution, illicit intercourse as statutorily defined, or another unlawful and immoral purpose.
Actual exploitation need not already have occurred where the statutory intent or knowledge and other elements are proved. The statutory presumption applies only in the circumstances described in Explanation 1 and is rebuttable.
Punishment and classification
| Particular | Position |
|---|---|
| Earlier provision | IPC Section 372 |
| Current corresponding provision | BNS Section 98 |
| Maximum imprisonment | 10 years |
| Fine | Also applicable |
| Classification under BNSS First Schedule | Cognizable and non-bailable |
| Court ordinarily competent to try | Court of Session |
Cognizable means police may investigate the offence without a magistrate's prior order as permitted by law. Non-bailable means bail is not an automatic right, although a competent court may grant bail according to law.
Related legal provisions
Section 99 BNS addresses buying, hiring or otherwise obtaining possession of a child for the prohibited purposes; its punishment is imprisonment of not less than seven years and up to fourteen years, with fine. Other provisions on trafficking, sexual offences against children, and the Protection of Children from Sexual Offences Act, 2012 may apply depending on the facts. Charges must be assessed separately against their statutory elements.
Frequently asked questions
Is IPC Section 372 still in force for new offences?
The IPC was replaced by the BNS from 1 July 2024. Section 98 BNS is the corresponding provision for conduct governed by the new law; earlier offences may still be dealt with under the IPC and applicable savings provisions.
Does Section 98 BNS apply to boys as well as girls?
Yes. The principal offence concerns any child. The specific evidentiary presumption in Explanation 1 concerns a female under eighteen in the circumstances stated there.
Is selling a child for prostitution bailable?
The offence under Section 98 BNS is classified as non-bailable in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Must the child actually be subjected to prostitution?
No. The provision covers the specified disposal of a child accompanied by the required intent or knowledge, even where the intended exploitation has not yet occurred.
Official legislation and reference materials
Bharatiya Nyaya Sanhita, 2023 - official Act | NCRB statutory text | India Code portal
Last reviewed: 30 October 2026. This article provides general legal information, not advice for an individual case.