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Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Offences Against Children
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Bharatiya Nyaya Sanhita, 2023 — Section 98

Selling Child for Purposes of Prostitution, Etc.

Section 98 punishes selling, letting to hire, or otherwise disposing of any child with intent, or knowledge of likelihood, that the child will at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose. Punishment is imprisonment of either description up to ten years, and fine. Two Explanations set a rebuttable presumption for females sold to a prostitute or brothel-keeper, and define "illicit intercourse" for the section.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 98 to old IPC Section 372, and cross-checked directly against the bare text of both Acts.

BNS sectionIPC, 1860 equivalentCategory
98372Substantively changed

Comparing the two texts word for word: old IPC Section 372's operative text applied to selling, letting to hire, or disposing of "any person under the age of eighteen years." BNS Section 98 replaces this with "any child" in the main operative text. Explanation 1's presumption clause, which applies specifically to a "female under the age of eighteen years" sold to a prostitute or brothel-keeper, and Explanation 2's definition of "illicit intercourse," are otherwise carried forward without change.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:

Section 98: punishment — “Imprisonment for 10 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Selling, hiring out, or disposing of a child for prostitution or illicit intercourse

Explanation (Lexovia's Commentary)

Section 98 punishes selling, letting to hire, or otherwise disposing of any child, where the accused acts with intent, or knowledge of likelihood, that the child will at any age be employed or used for prostitution, illicit intercourse, or any other unlawful and immoral purpose. Explanation 1 creates a rebuttable presumption: where a female under eighteen is sold, let for hire, or disposed of to a prostitute or a brothel-keeper, the person disposing of her is presumed, until the contrary is proved, to have intended her use for prostitution. Explanation 2 defines "illicit intercourse" for the section as sexual intercourse between persons not united by marriage, or by a relationship recognised by their personal law or custom as a quasi-marital relation.

Illustration (Lexovia's Own Example)
A sells Z, a girl aged sixteen, to B, a person who manages a brothel. Absent proof to the contrary, A is presumed under Explanation 1 to have sold Z with the intent that she be used for prostitution, and A is liable under Section 98.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 98 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

K.P. Kirankumar @ Kiran v. State by Peenya Police, 2025 INSC 1473 (Supreme Court of India, Criminal Appeal arising out of SLP (Crl.) No. 11287 of 2025, decided 19 December 2025, Manoj Misra & Joymalya Bagchi, JJ.)

Quoted Paragraph (Verbatim)
Para No. 11
“While appreciating the evidence of a minor victim of trafficking, the Court ought to bear in mind: i. Her inherent socio-economic and, at times, cultural vulnerability when the minor belongs to a marginalised or socially and culturally backward community. ii. Complex and layered structure of organised crime networks which operate at various levels of recruiting, transporting, harbouring and exploiting minor victims. … Given this situation, failure to promptly protest against ostensibly innocuous yet ominous agenda of the trafficker ought not to be treated as a ground to discard a victim's version as improbable or against ordinary human conduct. iii. Recounting and narration of the horrible spectre of sexual exploitation even before law enforcement agencies and the Court is an unpalatable experience leading to secondary victimisation. … In this backdrop, judicial appreciation of victim's evidence must be marked by sensitivity and realism. iv. If on such nuanced appreciation, the version of the victim appears to be credible and convincing, a conviction may be maintained on her sole testimony. A victim of sex trafficking, particularly a minor, is not an accomplice and her deposition is to be given due regard and credence as that of an injured witness. …”
What This Judgment Means (Lexovia's Commentary)

A minor girl, who had left home in poverty looking for respectable work, ended up in a rented house in Bangalore occupied by the appellant and his wife; her account was that four strangers had forcibly taken her from a bus stand and handed her over to them. She said she was confined in the house and made to have sex with paying men. On a tip-off from NGO workers, the police sent in a decoy, who handed the appellant money for sex with the girl; she was then rescued and the marked notes were recovered. The trial court and the High Court convicted the appellant and his wife under Sections 366A and 373 read with Section 34 of the IPC and under the Immoral Traffic (Prevention) Act, 1956. The appellant argued before the Supreme Court that her account was embellished and inconsistent.

Section 98 punishes selling, letting to hire or otherwise disposing of a child intending or knowing it likely that the child will be used for prostitution or any unlawful and immoral purpose. Its predecessor, Section 372 of the IPC, was among the sections under which the appellant was charged, but the convictions the Court records were under Sections 366A and 373 and the 1956 Act, so this case is not a conviction under Section 372 itself. It is placed here for its guidance on weighing the evidence of a minor trafficked for prostitution, the setting in which prosecutions for selling a child arise.

The Court held that contradictions of this kind were minor and her account was substantially corroborated by other evidence. It laid down that a court assessing a minor trafficking victim's evidence should keep in mind her socio-economic vulnerability; the layered way trafficking networks operate, which makes it hard for a victim to describe them precisely, so that failure to protest promptly is not a ground to discard her version; the further trauma of retelling the experience, so that her evidence must be assessed with sensitivity and realism; and that if her version is credible and convincing, a conviction can rest on her sole testimony, because a trafficked minor is not an accomplice and her evidence deserves the credence given to an injured witness. The appeal was dismissed.

Currency check: decided December 2025, very recent. The offences occurred in 2010 and were tried under the IPC and the 1956 Act; the Sanhita provisions (Section 98 corresponds to Section 372) descend from them. Nothing in the materials reviewed indicates it has been overruled.

Source: copy of the judgment obtained from a legal-reporting website (LiveLaw), reproducing the Supreme Court's text; the official Supreme Court website copy could not be independently retrieved, and this is disclosed rather than asserted as the required official-website source.

Related / Cross-Referenced Sections

FAQs

Does the presumption in Explanation 1 apply to all children, or only females?

Explanation 1's presumption applies specifically to a female under the age of eighteen years sold, let for hire, or disposed of to a prostitute or brothel-keeper. It is a rebuttable presumption — the person disposing of her may prove the contrary.

Does the child actually have to be used for prostitution for the offence to be complete?

No. The offence is complete on the sale, hiring out, or disposal done with the requisite intent or knowledge — the section does not require that the child was in fact used for prostitution or illicit intercourse.

Is this offence bailable?

No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by the Court of Session.

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