IPC Section 373 and BNS Section 99: Buying Minor for Prostitution

IPC Section 373: Meaning and scope

Section 373 addressed the demand side of commercial sexual exploitation of minors. It covered a person who bought, hired or otherwise obtained possession of a minor, intending that the minor would be employed or used at any age for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose. Knowledge that such use was likely was also sufficient under the statutory wording.

The provision applied to minors of any sex. The age threshold was under eighteen years; it was not necessary for the intended exploitation to occur before the person turned eighteen.

Text and explanations of IPC Section 373

Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person 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 person 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 I: Presumption concerning brothels

Any prostitute or person keeping or managing a brothel who buys, hires or otherwise obtains possession of a female under eighteen years is presumed, until the contrary is proved, to have obtained possession with the intent that she be used for prostitution. This is a rebuttable statutory presumption, not an irrebuttable conclusion.

Explanation II: Illicit intercourse

For IPC Section 373, the expression illicit intercourse carries the meaning given in IPC Section 372: sexual intercourse between persons not united by marriage or by a union or tie recognised by the relevant personal law or community custom as constituting a quasi-marital relation. This is the historical statutory definition; it should not be confused with a general prohibition on consensual adult relationships.

Current law: BNS Section 99

Section 99 of the Bharatiya Nyaya Sanhita, 2023, titled Buying child for purposes of prostitution, etc., is the corresponding provision under the criminal code brought into force on 1 July 2024. It addresses buying, hiring or otherwise obtaining possession of a child with the prescribed intent or knowledge of likely exploitation, and carries imprisonment of up to ten years and fine. The statutory explanations concerning a brothel-related presumption and the meaning of illicit intercourse should be read directly with the current enacted text.

Under the BNS, a child is a person below eighteen years of age (Section 2(3)). The use of the word child in BNS Section 99 replaces the older IPC formulation of a person under eighteen.

Official legislation: Bharatiya Nyaya Sanhita, 2023 (India Code); India Code statutory database.

Essential ingredients of the offence

1. Act: Buying, hiring or otherwise obtaining possession of a person below eighteen years.
2. Purpose or knowledge: Intent that the child be used for prostitution, illicit intercourse or an unlawful and immoral purpose, or knowledge that such use is likely.
3. Time of intended use: The contemplated exploitation may be at any age; actual subsequent exploitation is not an essential part of the stated act of acquisition.
4. Evidence: Age, possession or control, circumstances of acquisition, communications, payments and other admissible evidence may be relevant. The statutory presumption applies only where its conditions are met.

Punishment and legal consequences

Classification as cognizable or non-bailable, and the court competent to try the offence, must be checked against the applicable procedural schedule, including the Bharatiya Nagarik Suraksha Sanhita, 2023 for proceedings governed by that law. Other offences may arise on the facts.

Related criminal law provisions

IPC Section 372 concerns selling, letting to hire or otherwise disposing of a minor for specified exploitation (corresponding BNS Section 98). IPC Section 371 addresses habitual dealing in slaves. Provisions on trafficking, sexual offences and the Protection of Children from Sexual Offences Act, 2012 may apply independently depending on the facts. The relevant law is determined by the date and circumstances of the alleged conduct.

Which law applies after 1 July 2024?

The BNS replaced the IPC for offences committed from its commencement, subject to statutory qualifications. IPC Section 373 remains relevant to conduct before the transition and to proceedings preserved under repeal-and-savings provisions. The General Clauses Act, 1897 and applicable savings clauses may also be relevant. A case-specific legal assessment should identify the date of the alleged acts before citing a penal section.

Frequently asked questions

What is IPC Section 373?

It is the former IPC provision punishing buying, hiring or obtaining possession of a minor for prostitution, illicit intercourse or specified unlawful and immoral purposes.

What is the corresponding BNS section?

BNS Section 99, titled Buying child for purposes of prostitution, etc.

What is the punishment?

Imprisonment up to ten years and a fine under the stated provisions.

Does the offence require actual prostitution to take place?

No. The provision focuses on obtaining possession with the specified intent or knowledge of likely exploitation.