Section 98 BNS: Selling child for purposes of prostitution, etc

Bharatiya Nyaya Sanhita, 2023

Section 98 BNS at a Glance

Section 98 BNS deals with selling child for purposes of prostitution, etc. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 372 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to ten years

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

Section 372 →

Section 98 BNS Bare Act Text

98. Selling minor for purposes of prostitution, etc

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: Section 98, Bharatiya Nyaya Sanhita, 2023

Section 98 BNS in Simple Words

Section 98 of the Bharatiya Nyaya Sanhita (BNS) punishes selling, letting to hire, or otherwise disposing of any child under 18 years of age with the intent that the child shall at any age be employed or used for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose, or knowing it to be likely that the child will at any age be employed or used for any such purpose.

Under Explanation 1, when a female under 18 years of age is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person disposing of her is presumed, until the contrary is proved, to have acted with the intent that she be used for prostitution. Explanation 2 defines illicit intercourse as sexual intercourse between persons not united by marriage or by a recognised quasi-marital relation under personal law or custom. The offence carries imprisonment of either description for up to ten years and liability to fine.

Ingredients of Section 98 BNS

  • Selling, letting to hire, or otherwise disposing of any child
  • Intent that such child shall at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose
  • Or knowledge that such child will at any age be likely employed or used for any such purpose
  • Preservation of imprisonment of either description extending up to ten years and liability to fine under Section 98 BNS

Punishment Under Section 98 BNS

Imprisonment

Imprisonment of either description for a term which may extend to ten years

Fine

Liable to fine

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

Section 98 BNS punishes selling, letting to hire, or otherwise disposing of any child for prostitution, illicit intercourse, or any unlawful and immoral purpose with imprisonment of either description extending up to ten years, and the offender is also liable to fine. Proceedings are cognizable and non-bailable, triable exclusively by the Court of Session, and the offence is not compoundable.

Example of Section 98 BNS

In an industrial town near Jalgaon, Jagdish entered into an agreement with the operator of a brothel to hand over seventeen-year-old Meena in exchange for a sum of money. Jagdish transferred Meena to the brothel premises knowing that she would be detained there and subjected to prostitution. Under Explanation 1 to Section 98 BNS, the disposal of a female under eighteen years of age to a person managing a brothel raises a presumption of intent for prostitution until the contrary is proved. Because Jagdish disposed of a child under the age of eighteen years knowing that she was likely to be used for prostitution, Jagdish committed the offence punishable under Section 98 BNS.

When Section 98 BNS Does Not Apply

  • The person sold, hired, or disposed of was eighteen years of age or older at the time of the transaction
  • There was no sale, letting to hire, or other disposal of the person by the accused
  • The disposal was made without any intent or knowledge that the person would at any age be used for prostitution, illicit intercourse, or any unlawful and immoral purpose

Section 98 BNS in the IPC (Previous Law)

Section 98 BNS replaces Section 372 IPC from the old criminal code.

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.

View IPC Section 372 →

FAQs on Section 98 BNS

What does Section 98 of the BNS punish?▼

Section 98 BNS punishes selling, letting to hire, or otherwise disposing of a child below 18 for prostitution, illicit intercourse, or any unlawful and immoral purpose. It also applies if the person knew it was likely the child would be used for such a purpose.

What has to be proved under Section 98 of the BNS?▼

It must be shown that the person sold, hired out, or otherwise disposed of a child below 18, and that this was done with the required intent or knowledge. The section specifically covers intent that the child shall at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose, or knowledge that this was likely.

Is Section 98 BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment under Section 98 of the BNS?▼

The punishment under Section 98 BNS is imprisonment of either description for a term which may extend to ten years, and liability to fine. The exact sentence will depend on the facts of the case.

Under Section 98 BNS, is there any legal presumption if a girl under 18 is given to a prostitute or brothel keeper?▼

Yes. If a female under 18 is sold, let for hire, or otherwise disposed of to a prostitute or to a person who keeps or manages a brothel, the law presumes this was done with the intent that she be used for prostitution, unless the contrary is proved.

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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 ·