Section 96 BNS: Procuration of child

Bharatiya Nyaya Sanhita, 2023

Section 96 BNS at a Glance

Section 96 BNS deals with procuration of child. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 366A IPC on 1 July 2024.

Punishment

Imprisonment for a term which may extend to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 366A →

Section 96 BNS Bare Act Text

96. Procuration of minor girl

Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child 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.

Source: Section 96, Bharatiya Nyaya Sanhita, 2023

Section 96 BNS in Simple Words

Section 96 of the Bharatiya Nyaya Sanhita (BNS) deals with inducing any child, by any means whatsoever, to go from any place or to do any act with the intent that the child may be, or knowing that it is likely that the child will be, forced or seduced to illicit intercourse with another person. The law focuses on the person who creates the risk, even if the sexual act itself does not take place. It is aimed at preventing trafficking-like conduct and sexual exploitation of children under 18 years of age, regardless of gender.

The prosecution must show inducement and the wrongful intention or knowledge behind it. In practice, this provision is used in cases involving grooming, trafficking, or arranging a child's movement for sexual exploitation by another person. It gives police and courts a tool to act before the abuse is completed, and carries imprisonment for up to ten years, and the offender is also liable to fine.

Ingredients of Section 96 BNS

  • Inducing any child under eighteen years of age to go from any place or do any act
  • Expansion to protect all children regardless of sex under Section 96 BNS
  • Intent or knowledge that the child will be forced or seduced to illicit intercourse with another person
  • Preservation of imprisonment up to ten years and liability to fine under Section 96 BNS

Punishment Under Section 96 BNS

Imprisonment

Imprisonment for a term which may extend to ten years

Fine

Liable to fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 96 BNS punishes the procuration of any child under eighteen years of age for illicit intercourse with another person with imprisonment extending up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Example of Section 96 BNS

In a suburban neighbourhood near Patna, Gopal approached sixteen-year-old Nisha, offering her well-remunerated employment as a receptionist in an adjoining town. Induced by this representation, Nisha accompanied Gopal to a rented premises. Upon arrival, Gopal locked the door and handed the key to Anil, knowing that Anil planned to subject Nisha to illicit intercourse. Gopal induced Nisha to depart her locality with knowledge that she was likely to be forced or seduced to illicit intercourse with another person. Gopal committed the offence punishable under Section 96 BNS.

When Section 96 BNS Does Not Apply

  • The person induced is eighteen years of age or older at the time of the alleged inducement
  • No inducement occurred to cause the person to move from any place or perform any act
  • The accused acted without any intention or knowledge that the child would be forced or seduced to illicit intercourse
  • The interaction involved only the accused without any intention of involving a third person

Section 96 BNS in the IPC (Previous Law)

Section 96 BNS replaces Section 366A IPC from the old criminal code.

Section 366A IPC corresponds to Section 96 BNS. The heading is renamed from Procuration of minor girl to Procuration of child. Substantively, Section 96 BNS replaces the gender-specific phrasing of any minor girl under eighteen years of age with any child. Because Section 2(3) BNS defines a child as any person under eighteen years of age, the BNS provision extends protection to boys as well as girls. The sentencing framework of imprisonment up to ten years and liability to fine continues without alteration.

View IPC Section 366A →

FAQs on Section 96 BNS

Does actual sexual intercourse have to happen for Section 96 BNS to apply?▼

No. The offence is complete once the child is induced to go from any place or to do any act with the required wrongful intent or knowledge. The law punishes the act of procuring itself, not only the final abuse.

What age of child is covered under Section 96 BNS?▼

The section applies to any child below 18 years of age, whether a boy or a girl. If the person is 18 or above, this particular provision will not apply, though other laws may still be relevant.

Is the offence under Section 96 BNS bailable?▼

No, it is treated as a non-bailable offence. That means bail is not a matter of right, and the court will examine the facts carefully before granting it.

Why was Section 96 BNS moved into the BNS?▼

In the Bharatiya Nyaya Sanhita, 2023, the offence is placed in the chapter on offences against women and children and expanded to protect all children under 18 years of age, rather than only minor girls, against procuration for sexual exploitation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·