IPC 372→BNS 98

IPC 372 to BNS 98: Selling minor for purposes of prostitution, etc

Section 372 IPC (1860) replaced by Section 98 BNS (2023)

View IPC Section 372 →View BNS Section 98 →

IPC 372 to BNS 98 at a Glance

Section 372 IPC (Selling minor for purposes of prostitution, etc) is now Section 98 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 372 to BNS 98?

Section 372 IPC corresponds to Section 98 BNS. The heading changes from Selling minor for purposes of prostitution, etc. to Selling child for purposes of prostitution, etc. In the text, the phrase any person under the age of eighteen years is replaced by any child, and such person is replaced by such child. The prescribed punishment of imprisonment of either description extending up to ten years and liability to fine continues unchanged.

IPC 372 vs BNS 98: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section37298
OffenceSelling minor for purposes of prostitution, etcSame
PunishmentImprisonment of either description for a term which may extend to ten yearsSame
FineLiable to fineSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 372 and BNS 98: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 372, IPC 1860

372. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise disposes 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.—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 II.—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.
BNS 2023 (in force)

Section 98, BNS 2023

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.

Ingredients: IPC 372 vs BNS 98

Under IPC 372
  1. The accused sold, let to hire, or otherwise disposed of any person under the age of eighteen years
  2. The act was done 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
  3. Or the act was done knowing it to be likely that such person will at any age be employed or used for any such purpose
Under BNS 98
  1. Selling, letting to hire, or otherwise disposing of any child
  2. Intent that such child shall at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose
  3. Or knowledge that such child will at any age be likely employed or used for any such purpose
  4. Preservation of imprisonment of either description extending up to ten years and liability to fine under Section 98 BNS

What IPC 372 to BNS 98 Means for Pending Cases

For Section 372 IPC (now Section 98 BNS): under Section 98 BNS, the term child replaces person under the age of eighteen years in the offence definition. A charge for an act done after the BNS came into force cites Section 98 BNS and is framed on the updated statutory terms.

FAQs: IPC 372 to BNS 98

What changed between Section 372 IPC and Section 98 BNS?▼

Section 98 BNS updates statutory terminology by substituting child for person under the age of eighteen years in the title and text. The substantive elements, statutory presumption in Explanation 1, and the penalty of up to ten years imprisonment and liability to fine remain identical.

Where is Section 372 IPC located in the Bharatiya Nyaya Sanhita?▼

Section 372 IPC is codified as Section 98 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of offences against child.

Does Section 372 IPC or Section 98 BNS apply to an act done before 1 July 2024?▼

Section 372 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 372 IPC. Section 98 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·